Cost of variation. Any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under this clause 11 (other than clauses 11.4 and 11.5), 16 and 21.1 will be borne between the parties to this agreement in such proportion as the parties agree (based on negotiations carried on in good faith), or in the absence of such agreement, by the party which incurs such losses, additional costs or other damages.
Cost of variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Commonwealth's Representative: as agreed under clause (a); if paragraph (a) does not apply, in accordance with the rates and prices in the Schedule of Rates, if and insofar as the Commonwealth's Representative determines that those rates or prices are applicable to, or it is reasonable to use them for valuing, the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: agreed between the parties; or failing agreement, determined by the Commonwealth's Representative; and if the Fee is adjusted under this clause 8.3 and a Milestone Fee Payment Schedule applies, the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative.
Cost of variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Contract Administrator: as agreed under clause 8.2(a); if paragraph (a) does not apply, in accordance with the rates and prices in the Table of Variation Rates and Prices, if and insofar as the Contract Administrator determines that those rates or prices are applicable to, or it is reasonable to use them for valuing, the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: to be agreed between the parties; or failing agreement, determined by the Contract Administrator.
Cost of variation. (a) Subject to Section 8.2 [No Adjustment], the Fee shall be adjusted for all Variations or suspensions pursuant to Section 5.3(a) by:
(i) the amount (if any) stated in the “Variation Order” in accordance with Section 8.3(c)(i);
(ii) if Section 8.4(a)(i) is not applicable, an amount determined pursuant to the fee schedule for Variations in Attachment 2 to this Agreement; or
(iii) where such rates or prices are not applicable, a reasonable amount to be agreed between the Project Agreement Parties and the Independent Certifier or, failing agreement, determined in accordance with the Dispute Resolution Procedure.
(b) Any reductions in the Fee shall be calculated on the same basis as any increases.
Cost of variation. Subject to clauses 5.7(c), 9.5(b), 9.11 and 15, any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under clauses 9, 19.2 and 22 will be borne between the parties to this Agreement in such proportions as the parties agree (based on negotiations carried on in good faith) or, in the absence of such agreement, and subject to a party’s obligations under clauses 5.7(c) and 15 to indemnify the other in the circumstances set out in those clauses, by the party which incurs such losses, additional costs or other damages.
Cost of variation. The Fee will be increased or decreased for all Variations which have been the subject of a direction by the Consultant's Representative: as agreed under clause 9.2(a); if paragraph (a) does not apply, in accordance with the rates and prices in the Table of Variation Rates and Prices, if and insofar as the Consultant's Representative determines that those rates or prices are applicable to, or it is reasonable to use them for valuing, the Variation; or to the extent paragraphs (a) and (b) do not apply, by a reasonable amount: to be agreed between the parties; or failing agreement, determined by the Consultant's Representative, provided that the amount of the increase or decrease cannot exceed the corresponding amount determined by the DSC Contract Administrator under clause 9.3 of the Design Services Contract.
Cost of variation. Subject to Clause 11.4, the Independent Monitor will be entitled to be paid the fee in respect of a Variation which shall be mutually agreed between the Government and the Independent Monitor.
Cost of variation. Subject to clause 15, any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under clauses 9 and 22 will be borne between the parties to this Agreement in such proportion as the parties agree (based on negotiations carried on in good faith), or in the absence of such agreement, and subject to a party’s obligation under clause 15 to indemnify the other in the circumstances set out in that clause, by the party which incurs such losses, additional costs or other damages.
Cost of variation. Subject to clause 15, any losses, additional costs or other damage suffered by a party in complying with a variation under clause 9, 19.2 and 22 will be borne between the parties to this Agreement in such proportion as the parties agree (based on negotiations carried on in good faith), or in the absence of such agreement, and subject to a party’s obligation under clause 15 to indemnify the other in the circumstances set out in that clause, by the party which incurs such losses, additional costs or other damages. Note: FreightCorp and Toll note that the cost of variations defaults to those on whom it falls. Further, FreightCorp and Toll would like to understand the circumstances in which ARTC considers clause 15 may apply as anticipated by the clause.
Cost of variation. Subject to clauses 8.4, 8.5, 10.3, 10.4 and 12.3, the Subcontract Price will be adjusted for the value of all Variations carried out by the Subcontractor by: if there is a Table of Variation Rates and Prices, an amount determined by using any rates or prices in this which may be applicable to the Variation; or a reasonable amount to be agreed between the parties or, in default of such agreement, determined by the Contractor's Representative. In either case the value of the Variation must include any extra costs or expenses which will be incurred by the Subcontractor arising out of or in connection with the Variation delaying: Completion of the Subcontract Works by the Date for Completion; or if, after the Date for Completion, Completion of the Subcontract Works.
