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 9.2(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: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative; and if the Fee is adjusted under this clause 9.3 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.
Appears in 4 contracts
Samples: Panel Agreement, Panel Agreement, Panel Agreement
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 9.2(a(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: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative; and if the Fee is adjusted under this clause 9.3 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.
Appears in 2 contracts
Samples: Panel Agreement, Panel Agreement
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 9.2(a8.2(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: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative; and if the Fee is adjusted under this clause 9.3 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.
Appears in 2 contracts
Samples: Panel Agreement, Panel Agreement
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 9.2(a(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: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative; and if the Fee is adjusted under this clause 9.3 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.
Appears in 1 contract
Samples: Panel Agreement
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 9.2(a(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: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative; and if the Fee is adjusted under this clause 9.3 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.
Appears in 1 contract
Samples: Panel Agreement
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 9.2(a28.2(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: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative; and if the Fee is adjusted under this clause 9.3 28.3 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.
Appears in 1 contract
Samples: Panel Agreement