Deviations to Specifications. In addition to the requirements of paragraph five, all deviations from the specifications must be noted in detail by the bidder, in writing, at the time of the submittal of the formal bid. The absence of a written list of specification deviations at the time of submittal of the bid will hold the bidder strictly accountable to the City to the specifications as written. Any deviation from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and/or equipment when delivered.
Deviations to Specifications. It is specifically recorded agreed between the Parties hereto that the development of the Software Application referred to in this Agreement is a very dynamic process, especially with regard to the development of the Functional Specifications. Given the nature of the environment within which the Company operates, the Independent Contractor is aware that changes may be required to the Specifications from time to time by the Company and the Independent Contractor is amenable to accommodating such reasonable deviations. Accordingly, the Parties agree that the Company shall be entitled, from time to time prior to the completion by the Independent Contractor of the development and compilation of the Software Application, to require the Independent Contractor to modify the Software Application and thereby deviate from the Specifications. The Independent Contractor shall only be obliged to accept instructions pursuant to this clause provided that such instruction are from either the Company’s Corporate Risk Manager or his duly appointed representative, or the Company’s CEO or his duly appointed representative. For clarification purposes, it is recorded that as at the Effective Date, these individuals are ____________. Should the Company require any modification to be made by the Independent Contractor to the Software Application, it shall give written notice to that effect to the Independent Contractor. The Independent Contractor shall, within 2 (two) Business Days, identify and submit to the Company, details of the extent of the deviation required to modify the Software Application as required by the Company as aforesaid (“the deviation quotation”). The Independent Contractor shall, furthermore, inform the Company of the extension in time required by the Independent Contractor for the submission to the Company of any development phase and/or the completion of compiling and developing the Software Application by virtue of the said modification thereto. Should the Independent Contractor accept the deviation quotation, it shall, within 2 (two) Business Days of the submission by the Company to the Independent Contractor of the deviation quotation, notify the Company of such acceptance in writing, whereupon the Independent Contractor will commence with such modifications in accordance herewith and the terms of this Agreement (including as to the price payable by the Company to the Independent Contractor for and in respect of the development and commissioning of the S...
