Common use of Cost of variation Clause in Contracts

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.

Appears in 28 contracts

Samples: Access Holder Agreement, Access Holder Agreement, Access Holder Agreement

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Cost of variation. Any Subject to clause 15, any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under this clauses 9 (except for clause 11 (other than clauses 11.4 9.2) and 11.5), 16 and 21.1 24.1 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, 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.

Appears in 13 contracts

Samples: Operator Sub Agreement, Operator Sub Agreement, Operator Sub Agreement

Cost of variation. Any Subject to clause 15, 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 9, 19.2 and 11.5), 16 and 21.1 22 will be borne between the parties to this agreement 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.

Appears in 6 contracts

Samples: Track Access Agreement, Track Access Agreement, Track Access Agreement

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)11, 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.

Appears in 2 contracts

Samples: Access Holder Agreement, Access Holder Agreement

Cost of variation. Any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under this clause clauses 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.

Appears in 2 contracts

Samples: Access Holder Agreement, Access Holder Agreement

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Cost of variation. Any losses, additional costs (excluding Charges) or other damage suffered by a party in complying with a variation under this clausesthis 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.

Appears in 1 contract

Samples: Access Holder Agreement

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 11,11.4 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.

Appears in 1 contract

Samples: Access Holder Agreement

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