Procedure for Compulsory Variations Sample Clauses

Procedure for Compulsory Variations. (1) If Health NZ considers that it is likely that a Compulsory Variation will be required, Health NZ will give the Provider reasonable notice of the variation if Health NZ can do so, which will include the details of the variation and a proposed draft of the variation. (2) Health NZ's proposed draft of the variation will be written to give effect to the relevant Crown Direction or law change in a way that endeavours to minimise any adverse impact on the Provider, financial or otherwise. (3) Health NZ will specify a period of time that is reasonable in the circumstances, being at least ten Business Days unless Health NZ is precluded from giving such notice, within which the Provider may reply to the notice of variation. (4) After the expiry of the reply period specified by Health NZ, or earlier if the parties both agree, the parties must both try to reach agreement on the terms of the variation. (5) Health NZ will take into account the Provider's response to the notice (if any) in implementing the variation. (6) If the terms of the variation are agreed such agreement must be recorded in writing and signed by both parties, and will commence on the day that the relevant Crown Direction or law change comes into effect or any earlier time that the parties agree. (7) If Health NZ and the Provider do not agree on the terms of the variation before the relevant Crown Direction or law change comes into effect, the Agreement will be deemed to be varied on the terms set out in Health NZ's proposed draft of the variation, subject to any changes that the parties have agreed, on the day that the Crown Direction or law change comes into effect. (8) If this Agreement is varied in accordance with subclause (7), and it is no longer viable, financially or otherwise, for the Provider to continue providing the Services that have been affected by the variation, the Provider may terminate the obligation to provide the relevant Services by giving at least six months' written notice to Health NZ or any shorter period of notice as is reasonable in the circumstances.