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SCHEDULE 3E+WOTHER CONTRACTUAL TERMS

PART 9 E+WVARIATION AND TERMINATION OF AGREEMENTS

Variation of an agreement: activity under the agreementE+W

61.—(1) Where the contractor or the Relevant Body is of the opinion that there needs to be a variation to the number of—

(a)units of dental activity; or

(b)units of orthodontic activity,

to be provided under the agreement, sub-paragraphs (2) and (3) shall apply.

(2) The contractor or the Relevant Body shall notify the other party to the agreement in writing of its opinion of the need for a variation, specifying in that notice the variation that it considers necessary, together with its reasons.

(3) Following service of the notice referred to in sub-paragraph (2), both parties shall use their best endeavours to communicate and co-operate with each other with a view to determining what (if any) variation should be made to the number of—

(a)units of dental activity; or

(b)units of orthodontic activity,

and any related variations to the agreement, including to the monies to be paid to the contractor under the agreement, and shall where appropriate effect the variation in accordance with paragraph 60.