Common use of Procedure for Compulsory Variations Clause in Contracts

Procedure for Compulsory Variations. (1) If Te Whatu Xxx considers that it is likely that a Compulsory Variation will be required, Te Whatu Ora will give the Provider reasonable notice of the variation if Te Whatu Ora can do so, which will include the details of the variation and a proposed draft of the variation. (2) Te Whatu Xxx'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) Te Whatu Ora will specify a period of time that is reasonable in the circumstances, being at least ten Business Days unless Te Whatu Ora 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 Te Whatu Ora, or earlier if the parties both agree, the parties must both try to reach agreement on the terms of the variation. (5) Te Whatu Ora 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 Te Whatu Ora 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 Te Whatu Xxx'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 Te Whatu Ora or any shorter period of notice as is reasonable in the circumstances.

Procedure for Compulsory Variations. (1) If Te Whatu Xxx the DHB considers that it is likely that a Compulsory Variation will be required, Te Whatu Ora the DHB will give the Provider reasonable notice of the variation if Te Whatu Ora the DHB can do so, which will include the details of the variation and a proposed draft of the variation. (2) Te Whatu XxxThe DHB'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) Te Whatu Ora The DHB will specify a period of time that is reasonable in the circumstances, being at least ten Business Days unless Te Whatu Ora the DHB 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 Te Whatu Orathe DHB, or earlier if the parties both agree, the parties must both try to reach agreement on the terms of the variation. (5) Te Whatu Ora The DHB 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 Te Whatu Ora the DHB 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 Te Whatu Xxxthe DHB'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 Te Whatu Ora the DHB or any shorter period of notice as is reasonable in the circumstances.

Procedure for Compulsory Variations. (1) If Te Whatu Xxx Health NZ considers that it is likely that a Compulsory Variation will be required, Te Whatu Ora Health NZ will give the Provider reasonable notice of the variation if Te Whatu Ora Health NZ can do so, which will include the details of the variation and a proposed draft of the variation. (2) Te Whatu XxxHealth 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) Te Whatu Ora Health NZ will specify a period of time that is reasonable in the circumstances, being at least ten Business Days unless Te Whatu Ora 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 Te Whatu OraHealth NZ, or earlier if the parties both agree, the parties must both try to reach agreement on the terms of the variation. (5) Te Whatu Ora 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 Te Whatu Ora 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 Te Whatu XxxHealth 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 Te Whatu Ora Health NZ or any shorter period of notice as is reasonable in the circumstances.

Procedure for Compulsory Variations. (1) If Te Whatu Xxx the DHB considers that it is likely that a Compulsory Variation will be required, Te Whatu Ora the DHB will give the Provider reasonable notice of the variation if Te Whatu Ora the DHB can do so, which will include the details of the variation and a proposed draft of the variation. (2) Te Whatu XxxThe DHB'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) Te Whatu Ora The DHB will specify a period of time that is reasonable in the circumstances, being at least ten Business Days unless Te Whatu Ora the DHB 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 Te Whatu Orathe DHB, or earlier if the parties both agree, the parties we must both try to reach agreement on the terms of the variation. (5) Te Whatu Ora The DHB 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 partiesof us, and will commence on the day that the relevant Crown Direction or law change comes into effect or any earlier time that the parties we both agree. (7) If Te Whatu Ora the DHB 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 Te Whatu Xxxthe DHB's proposed draft of the variation, subject to any changes that the parties we both 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 Te Whatu Ora the DHB, except that if it is not viable, financially or any otherwise, for the Provider to provide the relevant Services for the duration of that notice period, the Provider may give a shorter period of notice as is reasonable in the circumstances.