Subject to the rules on contract variations under the BOT Law, a Party may request a change in the Implementation Plan including the system hardware, Software, system interfaces, inputs, outputs, or functionality, in the manner set forth below:
(a) The Party requesting the change shall submit in writing a change request to the other Party, which shall include, among other information, the name of the project, the name and signature of the authorized person making the request on behalf of the requesting Party, the date of the change request, a description of the proposed change, and the reasons or justification for the proposed change.
(b) The Parties shall assign a unique reference number to and log each change request. All change requests shall be classified by the requesting Party based on their level of importance and urgency.
(c) The requesting Party shall undertake reasonable efforts to investigate the impact of the change request on the User Fee, cost, timetable, scope of work, specifications and relevant obligations under the Agreement. If the Parties cannot agree on the results of the impact study or the proposed change, the change order request shall not be implemented.
(d) Any change order request shall be acted upon by both Parties, in writing, within [●] Days from receipt of the request, or within a reasonable period as may be agreed upon by them.
(e) The Agency at its discretion may seek the advice of the Independent Verifier and such other third parties as it may determine for the purposes of evaluating the change order request and determining an appropriate response.
(f) The final approval of all change requests shall be made by the head of the Agency and ratified by its governing board.