Schedule Blocks

Change control

This guide explains the different parts that make up the change control block.

Introduction

Change control

A “Change Control Schedule” or “Change Control Procedure” in a tech contract is a formal mechanism for managing any changes that may arise during the course of a project. It is often an integral part of contracts dealing with technology products or services, such as software development, hardware procurement, or IT services.

In the context of a tech contract, changes could refer to a variety of factors including scope of work, technical specifications, deliverable deadlines, costs, or even broader contractual terms and conditions. These changes can have a significant impact on project outcomes, including the cost, timeline, and overall success of the project.

The purpose of a Change Control Schedule is to provide a structured and agreed-upon process for proposing, evaluating, and implementing these changes.

Parts

Amendments

This part designates the neutral third party who will hold the source code. The selection of the escrow agent is crucial as they need to be trustworthy, reliable, and capable of securely storing and managing the source code. The escrow agent also needs to have a clear understanding of the terms of the agreement, especially the specific events that would trigger the release of the source code.

Requests

This part allows for either party involved in the agreement to request a change to the agreement or a schedule. This recognizes the potential need for changes from both sides, ensuring that both parties have equal ability to propose changes.

Responses

After a change request is made, the party receiving the request must respond within a specified number of days. This is to prevent delays and ensure that change requests are dealt with in a timely manner.

Change orders

If the party receiving the change request agrees with the proposed change, they must notify the requesting party, who then must draft a Change Order. This Change Order formalizes the proposed change and is submitted for review and approval by both parties.

Required information

The Change Order must include certain specified information, as well as other relevant information as appropriate. The precise details required may vary depending on the nature of the change, but the aim is to ensure that all necessary information is provided for a full evaluation of the proposed change.

Deemed amendment

Once a Change Order has been signed by both parties, it becomes effective and the original agreement is considered to have been modified in line with the Change Order. This ensures that any changes agreed upon are legally binding and form part of the contractual obligations of both parties.

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