Variation request. (a) The Customer may, by written notice titled ‘Variation Request’, request that ASI provide a proposal to vary the Goods and/or Services.
(b) Within 7 Business Days after its receipt of a Variation Request, ASI must confirm to the Customer:
Variation request. Should the purchaser request any variation to the settlement date or other variation of the terms of this contract after the date of sale, the purchaser must pay $220.00 to the vendor’s representative at settlement, for each variation request. The purchaser agrees this fee is the vendor’s reasonable estimate of additional legal costs incurred by the vendor to facilitate the request, even if the request is not made directly through the vendor’s representative.
Variation request. 8.1. Either Party may request a variation to the Agreement which will only be effective when agreed in writing and signed by both parties.
8.2. The requesting Party must provide sufficient information within a written variation request for the receiving Party to assess the purpose, intent and cause of the proposed variation and any associated implementation (one-off) charges and ongoing charges that may arise from its implementation.
8.3. No variation request shall be raised that, if implemented, would result in a fundamental change in the nature of the Services being provided.
8.4. The Parties will review and respond to any variation request in a reasonable time having regard for the nature of the subject of the variation request, providing written confirmation of a decision to proceed or reject the variation request.
8.5. Upon confirmation by both Parties to proceed with the variation request, the Parties shall reflect the effects of the variation request in all applicable documentation including, but not limited to the Services and Deliverables as defined in Schedule 1; the Charges and Payment profile as defined in Schedule 1, the service performance KPI regime, as appropriate.
8.6. The cost of generating a variation request will be borne by the requesting Party.
8.7. The Parties are under no obligation to accept a variation request.
Variation request. (a) The Council may from time to time make written requests to the Developer to vary the Development Deliverables referred to in item 1 in Schedule 1. (Variation Request). The parties agree that any directions made by the Council to carry out Works which are deemed to be variations or otherwise excluded from the Development Deliverables as set out in the Clarification Schedule or the Reference Design are also Variation Requests and this clause 3.7 applies.
(b) If the Council makes a Variation Request to the Developer:
(i) the Developer must, within 15 Business Days, provide Council with an estimate of the cost of carrying out the Variation Request and the impact of the Variation Request on the program for the Development Deliverable (Variation Request Cost);
(ii) Council must, within 10 Business Days of receiving the Variation Request Cost, confirm whether it wishes to proceed with the Variation Request; and
(iii) if Council confirms it wishes to proceed with the Variation Request, Council must pay to the Developer the Variation Request Cost in accordance with clause 3.6(c) and 3.6(d).
(c) The Council’s obligations in clause 3.7(b)(iii) applies:
(i) in addition to Council’s obligation to pay Council’s Contribution Value;
(ii) irrespective of whether Council has already paid Council’s Contribution Value; and
(iii) irrespective of whether the Developer has paid its contribution towards the Development Deliverable in accordance with the terms of this Agreement.
(d) The Council must not confirm it wishes to proceed with a Variation Request under clause 3.7(b)(ii) if the Variation Request would result in delays in the Developer achieving Practical Completion or obtaining an Occupation Certificate for the Development (or other similar or equivalent certificate or authority relevant to a Crown Development Application, if applicable) unless the delay is minor and does not adversely affect the Developer’s program (in the opinion of the Developer (acting reasonably)). If the Council does not agree with the Developer’s decision, the parties agree that the matter will be referred to the Independent Certifier for determination.
Variation request. At the Ordinary Meeting of 4 October 2023, Council resolved to enter into an Infrastructure Agreement (IA) with Kroymans Developments Pty Ltd for the provision of particular trunk water supply, wastewater and transport infrastructure associated with the development of the ‘Rocky Creek’ residential estate at Mount Xxxxx. At the 4 October 2023 meeting, Council further resolved to delegate authority to the Chief Executive Officer, in accordance with the Local Government Act 2009 to enter into contracts, negotiate, finalise and execute any and all matters associated with the Infrastructure Agreement. The IA was executed and commenced on 13 October 2023. As the IA provided certainty for both parties as to how and when particular trunk infrastructure would be provided, Officers had a sanguine expectation that with the execution of the IA, the outstanding matters associated with Stage 1 of the development would be finalised promptly. Shortly after the fully executed IA was provided to the solicitors acting for the Developer, Council received a request to ‘process the refund amount excluding the land dedication amounts effective today’ (correspondence of 20 October 2023). The fully executed IA mentions specific timing clauses for when such a request can be made. In responding to the request, Officers duly advised the Developers representatives that the requirements of the relevant clauses in the IA for such a request to be properly made had yet to be met; Officers therefore declined to accept the request as being a proper request consistent with the IA. As a result of this advice, Council received a request from the Developer to vary the terms of the 13 October 2023 IA to allow for the separation of the timing for when particular trunk infrastructure is to be provided. The Developer specifically seeks to separate the provision of the water supply and wastewater infrastructure from the provision of the transport infrastructure. A draft deed of variation of agreement is being prepared to reflect the following: • Separate distinct timing provisions associated with the provision of the transport (land) contribution with the provision of the water supply and wastewater (works) contributions; and • Amendment to the timing clauses for claiming an offset or refund against Levied Charges for the development. The proposed amendments reflect the intent to separate the timing of when infrastructure is provided and consequentially, when the developer may claim an offset or ref...
Variation request. If you submit a Variation Request to us for changes to the Services, we will have a reasonable time to prepare and submit a change request to your then current Gift Engagement Plan to you for consideration (Variation Request Quote).
