Variations. 10.1 Subject to condition 10.2, we may, without invalidating the Contract, issue instructions requiring additions, reductions, deletions, substitutions or any other alterations to delivery including to any aspect of the Goods and/or to the Services, and/or to the Specification, and/or changes in the sequence of, and/or scheduled date(s) for, delivery.
10.2 The parties shall endeavour to agree the time and cost impact prior to you carrying out any instruction issued pursuant to condition 10.1, failing which, any instructions issued shall be valued by us on a fair and reasonable basis. You shall not be entitled to any additional cost and/or an extension of time where such instruction was issued as a result of your failure to comply with the terms of the Contract. Any instruction shall only be binding on the parties once agreed in accordance with condition 2.3.
Variations. 16.1 If no Variation has been ordered by the Project Manager in respect of an amendment, omission or addition which the Contractor considers is significant by itself or when taken together with such previous changes not themselves covered by any Variation Order, the Contractor may give Clause Item AC TC EOT VO CV notice to the Project Manager that before complying with such amendment, omission or addition the Contractor requires a Variation Order to be issued.
16.2 Where any Variation Order is given by the Project Manager to the Contractor following the agreement of the Initial Target Cost or if the amount thereof is stated in Schedule 19 (Target Cost and payment) and other than in the special circumstances described in Sub-Clause 17.4, the Contractor or the Purchaser shall be entitled to require an addition to or deduction from the Target Cost where the effect of the Variation is to increase or decrease the Cost to the Contractor of carrying out the Works. Note: The special circumstances described in Sub-Clause 17.4 are those where the Contractor has stated in his proposal that the object of the Variation is to eliminate a potential defect in the Works or a hazard to any person or property in the performance of the Works or in the operation or use of the Plant including any breach of a duty imposed by any health and safety or environmental Legislation. (✔) ✔
16.3 If the circumstances so justify, a Variation ordered by the Project Manager under this Clause 16 shall amend the Approved Programme and any of the dates or periods stated in Schedule 11 (Times of completion) ✔ (14.4)
16.4 Preparation of a potential Variation following instruction by the Project Manager such as the Contractor’s recommendations for the form, scope, estimated Cost and impact on the Approved Programme of the Variation ✔ (16.8) ✔ (16.8) Clause Item AC TC EOT VO CV
16.5 Comment upon a proposed Variation within fourteen days of receipt of such request or within such longer period as the Project Manager may agree ✔ (16.8) ✔ (16.8)
16.6 Responding to a Variation Order if the Contractor is of opinion that compliance with any Variation Order would prevent him from or hinder him in fulfilling any obligation under the Contract (notification within ten days giving reasons why he considers he would be so prevented or hindered) ✔ (16.8) ✔ (16.8)
16.7 Objection to a Variation ordered or proposed if compliance with it would
(a) when combined with all Variations previously ordered, increase or decr...
Variations. Subject to the provisions of the Contract, no waiver, cancellation, alteration or amendment of or to the provisions of the Contract shall be valid unless made by an instrument in writing and duly signed by the Contractor and HKGGA.