SERVICE VARIATIONS. 12.1 If Customer wishes to make a change, modification or adjustment (including upgrades, downgrades and moves) to any element of any Service, the following procedure will apply:
12.1.1 Customer will forward a change request to Liquid, setting out the details of the change request;
12.1.2 Liquid will investigate the feasibility, cost implications and impact of the change request on the Services and provide such study to the Customer (“Impact Study”).
12.2 If the Customer makes a decision to proceed with the change request after considering the Impact Study, the Customer shall give Liquid a written instruction to proceed with that change on the basis set out in the Impact Study. That instruction shall be binding on the Parties and the MSA shall be deemed to be amended accordingly.
12.3 If the Parties cannot agree upon the necessary amendments, the change request will not be implemented.
SERVICE VARIATIONS. 9.1 Subject to clause 2.2, any variations to the Services or any provisions of this Agreement must be agreed by both Parties and shall be recorded in writing and signed by both Parties.
SERVICE VARIATIONS. If either of the Parties wishes to make a change, modification or adjustment to any element of any Service, the following procedure will apply:
19.1. The Party who requests the change will forward a change request to the other Party, setting out the details of the change request;
19.2. DMB Data will investigate the feasibility, cost implications and impact of the change request on the Services and notify the Customer of the results of this Impact Study;
19.3. If the Customer makes a decision to proceed with the change request after considering the Impact Study, the Customer shall give DMB Data a written instruction to proceed with that change on the basis set out in the Impact Study. That instruction shall be binding on the Parties and the Agreement shall be deemed to be amended accordingly; and
19.4. If the Parties cannot agree upon the necessary amendments, the change request will not be implemented.
SERVICE VARIATIONS. 8.1 Unless otherwise provided, no variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorized representatives).
SERVICE VARIATIONS. If either of the Parties wishes to make a change, modification or adjustment to any element of any Service, the following procedure will apply:
21.1. The Party who requests the change will forward a change request to the other Party, setting out the details of the change request;
21.2. Neotel will investigate the feasibility, cost implications and impact of the change request on the Services and notify the Customer of the results of this impact study;
21.3. If the Customer makes a decision to proceed with the change request after considering the impact study, the Customer shall give Neotel a written instruction to proceed with that change on the basis set out in the impact study; and
21.4. Such instruction shall be incorporated into a new COF, which is intended to supercede any previous COF signed by the Parties for the Service/s in question. No change will be implemented until such COF has been signed by both Parties.
21.5. If the Parties cannot agree upon the necessary amendments, the change request will not be implemented.
SERVICE VARIATIONS. 14.1 CAE agrees that the performance of its obligations under this Agreement shall apply where appropriate to any Service Variation agreed in accordance with this Section.
SERVICE VARIATIONS. 13.1 If the Customer wishes to make a change, modification or adjustment to any element of any Service, the following procedure will apply:
13.1.1 Customer will forward a change request to Stellar Technologies, setting out the details of the change request;
13.1.2 Stellar Technologies will investigate the feasibility, cost implications and impact of the change request on the Services and provide such study to the Customer (“Impact Study”).
13.2 If the Customer makes a decision to proceed with the change request after considering the Impact Study, the Customer shall give Stellar Technologies a written instruction to proceed with that change on the basis set out in the Impact Study. That instruction shall be binding on the Parties and the MSA shall be deemed to be amended accordingly.
13.3 If the Parties cannot agree upon the necessary amendments, the change request will not be implemented.
SERVICE VARIATIONS. (a) TfNSW may at any time during the Term, require a Service Variation by way of written notice to the Operator (Service Variation Notice).
(b) The Service Variation Notice must state:
(i) the particulars of the Service Variation; and
(ii) the date on which the Service Variation will take effect, which:
(A) other than in the event of an emergency (as determined by TfNSW), must be after a reasonable period of time to enable the Operator to comply with the Service Variation Notice; and
(B) in the event of an emergency (as determined by TfNSW), will be immediately; and
SERVICE VARIATIONS. (a) TfNSW may at any time during the Term, require a Service Variation by way of notice to the Operator (Service Variation Notice).
(b) The Service Variation Notice must state:
(i) the particulars of the Service Variation; and
(ii) the date on which the Service Variation will take effect, which:
(A) other than in the event of an emergency (as determined by TfNSW), must be after a reasonable period of time determined by TfNSW to enable the Operator to comply with the Service Variation Notice; and
(B) in the event of an emergency (as determined by TfNSW), will be immediately.
(c) The Operator must comply with the Service Variation Notice and make any necessary amendments to its operations so that it complies with the Service Variation Notice.
(d) Subject to Clause 40.2(d), the Operator is entitled to Payment for a Service Variation required by TfNSW in accordance with the Payment Schedule.
(e) The Operator may request a Service Variation, by way of notice to TfNSW via the TSAR system. The Operator must have consulted with TfNSW in accordance with Clause 16.2 prior to submitting a Service Variation request that comprises any change to the Contract Service Levels or Timetables.
(f) TfNSW may approve or reject a request for a Service Variation from the Operator.
(g) Any request for a Service Variation from the Operator must as a minimum set out:
(i) a description of the proposed Service Variation, including any impact on the Routes and Timetables;
(ii) the impact of the proposed Service Variation on the Operator’s ability to meet the Key Performance Indicators; and
(iii) the proposed price adjustment, based on paragraphs 4.2, 4.3 and 4.4 of the Payment Schedule (including any pricing adjustments required to be provided under Clause 16.1(n)).
(h) Unless and until TfNSW approves any request from the Operator for a Service Variation:
(i) the request for a Service Variation will be of no effect;
SERVICE VARIATIONS. (a) TfNSW may at any time during the Term, require a Service Variation by way of written notice to the Operator (Service Variation Notice).
(b) The Service Variation Notice must set out:
(i) the particulars of the Service Variation; and
(ii) the date on which the Service Variation will take effect (which must be after a reasonable period of time to enable the Operator to comply with the Service Variation Notice).
