Examples of Developer Variation in a sentence
If the Developer agrees with the objections in the Developer Variation Objection Notice, or it is determined under the Dispute Resolution Procedure that the objections in the Developer Variation Objection Notice are valid, the proposed Developer Notice of Variation shall be deemed to be withdrawn.
The Outline Proposal shall specify an estimate of the price, a provisional timetable and a summary of the method of implementation of the Developer Variation and shall be accompanied by a suggested budget for ESCo to develop the Variation Report.
The Parties shall bear their own costs incurred in the process of dealing with any Developer Variation Objection Notice under paragraph 2.3 and this paragraph 2.4.
Expansion Schemes will be deemed to be a Developer Variation upon the occurrence of an Expansion Scheme Trigger Event in accordance with the provisions of Part 2 of Schedule 17 (Expansion Schemes).
If the costs incurred by ESCo in preparing the Variation Report exceed the Proposed Budget, the Developer shall (acting reasonably): inform ESCo that it is increasing the amount of the Proposed Budget; or withdraw the request for the Developer Variation.
The Developer and ESCo shall comply with the terms of any such Developer Variation Order; or notify ESCo that it is withdrawing the Developer Notice of Variation.
If, having considered the Outline Proposal, the Developer wishes to proceed with the Developer Variation, it shall notify ESCo and confirm (acting reasonably) either that the suggested budget for ESCo to develop the Variation Report is agreed by the Developer or propose an alternative budget (the "Proposed Budget").
If, within ten (10) Business Days of receipt of any Developer Variation Objection Notice, the validity or otherwise of ESCo's objections remains to be agreed, either Party may refer the question of validity to the Dispute Resolution Procedure.
Within thirty (30) Business Days of a Variation Report being agreed or determined, the Developer shall: issue to ESCo an order (a "Developer Variation Order") requiring ESCo to implement the Developer Variation in accordance with the Variation Report, as agreed or determined.
If the Developer wishes to request a Developer Variation (other than as a result of a Change in Law, in which case the provisions of Part 2 of this Schedule 15 shall apply), the Developer shall serve on ESCo a written notice (a "Developer Notice of Variation") in accordance with this Schedule 15 (provided that the Developer may not request a Developer Variation which may require anything to be performed by ESCo in a way which infringes any Law or Authorisations).