Common use of Trivial changes Clause in Contracts

Trivial changes. The LFC may, by giving at least twenty (20) Business Days’ prior notice to the Service Provider, make: (a) a change to the General Terms, the Price List (but not an Ancillary Price Change or a Core Price Change), a Service Description, any Service Level Terms or a Service Order, in each case that the LFC (acting reasonably) considers trivial; or (b) a change to an Operations Manual that the LFC (acting reasonably) considers is not likely to result in a significant change to the Service Provider’s procedures, facilities or systems. The LFC will include reasonable details of the proposed change in its notice to the Service Provider. If the Service Provider (acting reasonably) disagrees with the LFC’s assessment of what is a “trivial change” it may require the LFC to undertake consultation with the Change Management Forum in accordance with clause 24.7 to determine whether or not any proposed change under this clause 24.8 is a “trivial change”. In the event of continuing disagreement between the LFC and the Service Provider and any Other Service Providers after such consultation, the question will be finally determined by way of a vote of the Change Management Forum in accordance with clauses 25.3(b), provided that (notwithstanding clause 25.3(b)(iii)) such vote shall require an affirmative majority vote of not less than 75% of the voting participants at the Change Management Forum (and for clarity the LFC’s vote shall be treated the same as the vote of any voting service provider member).

Appears in 9 contracts

Samples: Enable Networks Services Agreement, Ufb Services Agreement, Services Agreement

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Trivial changes. The LFC may, by giving at least twenty (20) 20 Business Days’ prior notice to the Service Provider, make: (a) a change to the General Terms, the Price List (but not an Ancillary Price Change or a Core Price Change), a Service Description, any Service Level Terms or a Service Order, in each case that the LFC (acting reasonably) considers trivial; or (b) a change to an Operations Manual that the LFC (acting reasonably) considers is not likely to result in a significant change to the Service Provider’s procedures, facilities or systems. The LFC will include reasonable details of the proposed change in its notice to the Service Provider. If the Service Provider (acting reasonably) disagrees with the LFC’s assessment of what is a “trivial change” it may require the LFC to undertake consultation with the Change Management Forum in accordance with clause 24.7 24.8 to determine whether or not any proposed change under this clause 24.8 24.9 is a “trivial change”. In the event of continuing disagreement between the LFC and the Service Provider and any Other Service Providers after such consultation, the question will be finally determined by way of a vote of the Change Management Forum in accordance with clauses 25.3(b), provided that (notwithstanding clause 25.3(b)(iii)) such vote shall require an affirmative majority vote of not less than 75% of the voting participants at the Change Management Forum (and for clarity the LFC’s vote shall be treated the same as the vote of any voting service provider member).

Appears in 5 contracts

Samples: Chorus Ufb Services Agreement, Ufb Services Agreement, Ufb Services Agreement

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