5.3.  The Service Delivery Plan(s)3

5.3.1.  For the avoidance of doubt, the Output Specification shall at all times have priority over the Service Delivery Plan(s) and the Service Provider shall be obliged to comply with the Output Specification and provide the Services in accordance with the Output Specification.

5.3.2.  The Service Provider may not make any material amendment to any Service Delivery Plan without the prior consent of the Authority such consent not to be unreasonably withheld or delayed.

5.3.3.  The Authority may propose an amendment to any Service Delivery Plan(s) at any time, which shall be regarded as an Authority Change unless the amendment arises from Legislation or from a default by the Service Provider.

5.3.4.  Neither the incorporation of any Service Delivery Plan (save in the case of an amended Service Delivery Plan prepared by the Authority under clause 5.3.3) in this Agreement nor the receipt or approval of any proposal for any modification of a Service Delivery Plan nor any supporting or further information shall constitute a waiver or variation by the Authority of any obligation of the Service Provider under this Agreement and/or the Output Specification.




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3  Guidance:  The Authority should transfer service delivery risk to the Service Provider.  The Service Provider should therefore be given freedom to determine the most appropriate method of performing the Services to the required standards.  However the Authority may wish the Agreement to have a process for agreeing material changes to the Service Delivery Plan(s) as such changes may impact on the Authority's client side arrangements.  The following drafting sets out such a process.