6.  Variations

6.1  No approval or comment or any failure to give or make an approval or comment under this Part 10 of the Schedule shall constitute a Variation save to the extent provided in this Part 10 of the Schedule.

6.2  If, having received comments from the Board's Representative, Project Co considers that compliance with those comments would amount to a Variation, Project Co shall, before complying with the comments, notify the Board of the same and, if it is agreed by the parties or determined pursuant to Part 26 of the Schedule (Dispute Resolution Procedure)33 that a Variation would arise if the comments were complied with, the Board may, if it wishes, implement the Variation and it shall be dealt with in accordance with Part 22 of the Schedule (Variation Procedure). Any failure by Project Co to notify the Board that it considers compliance with any comments of the Board's Representative would amount to a Variation shall constitute an irrevocable acceptance by Project Co that any compliance with the Board's comments shall be without cost to the Board and without any extension of time.

6.3  No alteration or modification to the design, quality and quantity of the Works arising from the development of detailed design or from the co-ordination of the design shall be construed or regarded as a Variation.




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33  Consider whether disputes of this nature should go to the Fast Track Dispute Resolution Procedure.