Scope Variation Sample Clauses
A Scope Variation clause defines the process by which changes to the original scope of work in a contract can be made. It typically outlines the procedures for requesting, approving, and documenting any modifications, such as additional tasks, reduced deliverables, or altered timelines. This clause ensures that both parties have a clear, agreed-upon method for handling changes, thereby preventing disputes and maintaining project alignment as needs evolve.
Scope Variation. 6.2.1. Departures from the Scope of Work, shall constitute a Scope Variation.
6.2.2. In dealing with Scope Variations, this clause 6.2 must be read in conjunction with the clause pertaining to Scope Variation, if any, in the Scope of Work.
Scope Variation.
(a) If DBCTM proposes a change to the Scope of the Studies that, when taken in conjunction with any cost variations under clause 4.2, will result in an increase to the Estimated Study Costs of more than 10%, DBCTM will issue a written notice to each Underwriting Party with the details of the change in Scope and associated amendments to the Estimated Study Costs (Variation Notice).
(b) The Access Seeker must notify DBCTM whether or not it agrees to the change in Scope within 7 days of receiving a Variation Notice.
(c) DBCTM must not change the Scope of the Studies unless each of the Underwriting Parties has agreed to a variation of the Scope as detailed in the Variation Notice.
(d) If each of the Underwriting Parties agrees to the change in Scope and Estimated Study Costs as set out in the Variation Notice, the scope as set out in the Variation Notice will be taken to be the Scope and the Estimated Study Costs will be amended as set out in the Variation Notice, including for the purpose of any further cost or scope variation in accordance with this clause 4.
Scope Variation. (a) A scope change (Scope Variation) is one or more of:
(1) a direction issued by the Project Owner under clause 17.1(a) or 17.5(d);
(2) a direction issued by MTM's CEO in accordance with clause 17.2(a); or 48
(3) a direction issued by PTV's CEO in accordance with clause 17.3(a); which amounts to either:
(4) a significant change, amendment or alteration to the Scope of Works; or
(5) a significant change to the fundamental requirements of the Works.
(b) The Participants acknowledge and agree that it is their expectation that Scope Variations are unlikely to occur during the Term.
(c) If the AMT does not consider that a direction referred to in clause 17.6(a) is a Scope Variation the ALT will ensure that the direction is immediately complied with in accordance with the Agreement.
(d) Where the AMT considers that a direction referred to in clause 17.6(a) is a Scope Variation, the AMT must, prior to implementation by the Participants of the direction, submit a scope change report (Scope Variation Report) to the ALT:
(1) identifying the basis on which it considers the direction to be a Scope Variation;
(2) providing submissions or recommendations that it believes are appropriate to reduce and/or optimise the impact of the direction on the AOC, the Participants’ performance against the KRAs and the achievement of Practical Completion by the Date for Practical Completion and compliance by the Participants with the VfM Statement and the Alliance Charter; and
(3) subject to clause 17.6(d)(4), providing submissions or recommendations on any alteration to the TOC, the KRAs and the Date for Practical Completion (as the case may be) which are required as a result of the direction; and
(4) if the AMT considers that the direction is a Scope Variation referred to in clause 17A, providing submissions or recommendations as to the amount of the relevant Scope Variation Allowance that will be used as a result of the direction.
(e) The ALT will consider any Scope Variation Report submitted to it under clause 17.6(d) and determine whether the direction the subject of the Scope Variation Report is a Scope Variation having regard to:
(1) the Works and the assumptions adopted by the Participants in developing the Final Project Proposal; and
(2) where relevant, the Adjustment Event Guidelines.
(f) If the ALT determines that a direction the subject of the Scope Variation Report is a Scope Variation, the ALT must submit the Scope Variation Report to the Project Owner and ensure that ...
Scope Variation. (a) A scope change (Scope Variation) is one or more of:
(1) a direction issued by the Project Owner under clause 17.1(a) or 17.5(d);
(2) a direction issued by MTM's CEO in accordance with clause 17.2(a); or 48
(3) a direction issued by PTV's CEO in accordance with clause 17.3(a); which amounts to either:
(4) a significant change, amendment or alteration to the Scope of Works; or
(5) a significant change to the fundamental requirements of the Works.
(b) The Participants acknowledge and agree that it is their expectation that Scope Variations are unlikely to occur during the Term.
(c) If the AMT does not consider that a direction referred to in clause 17.6(a) is a Scope Variation the ALT will ensure that the direction is immediately complied with in accordance with the Agreement.
Scope Variation. 6.2.1. Departures from the Scope of Work, as determined in the sole and unfettered discretion of Capitalize, shall constitute a Scope Variation.
6.2.2. In dealing with Scope Variations, this clause 6.2 must be read in conjunction with the clause pertaining to Scope Variation, if any, in the Scope of Work.
6.2.3. Capitalize shall not be required to render Services subject to a Scope Variation, unless the Scope Variation is appropriately recorded in an agreed, written and Signed amendment to, or replacement of, an existing Scope of Work or, where appropriate, a new Scope of Work, in addition to the receipt of any additional fees, if required, into Capitalize designated bank account.
6.2.4. To the extent the Client instructs Capitalize to render Services not described in an existing and Signed Scope of Work, such instructions shall signify the Client’s agreement with the additional services to be rendered in accordance with such additional instructions, as well as agreement to Capitalize fees associated with such additional Services, provided such instructions are recorded in writing and communicated to Capitalize, whereupon they will be reduced to writing (if required) and Signed by the Parties.
6.2.5. To the extent a conflict or inconsistency arises between the terms of the Scope of Work, as amended from time to time, and the terms of the main body of this Agreement in respect of the Scope Variation, the provisions of the Scope of Work, insofar as they pertain to Scope Variation, shall prevail to the extent of the inconsistency.
Scope Variation. 5.2.1 Departures from Proposals will constitute a Scope Variation.
5.2.2 Cantaloupe shall not be required to render Services subject to a Scope Variation unless:
5.2.2.1 the Scope Variation is appropriately recorded in an agreed amendment to or replacement of an existing Proposal or, where appropriate, a new Proposal; alternatively
5.2.2.2 an estimate has been provided for the Scope Variation which has been approved and accepted by the Client per electronic email care of the Client’s representative
5.2.3 To the extent the Client instructs Cantaloupe to render Services not described in an existing and signed Proposal, such instructions shall signify the Client’s agreement with additional Proposals describing the Services to be rendered subject to such instructions as well as Cantaloupe’s fees associated with such Services.