Health Research Board

21. Variation

21.1 The HRB shall be entitled at any time on written notice to the Host Institution (“Variation Notice”) to vary the terms of the Grant Conditions.  Any Variation Notice shall provide full details of the variation including the date (not being less than 30 days from the date of service of the Variation Notice) on which it becomes operative and the reasons for the change.

21.2 The Host Institution may within thirty days of receipt of a Variation Notice issue a notice of objection or refusal to the HRB setting out the reasons for such objection or refusal and the direct consequences (including breach of any contract directly related to the Grant Funded Activities between the Host Institution and a third party) that shall flow from the variation.  If no such objection is received the Variation Notice shall thereupon become legally binding.  The HRB shall give reasonable consideration to such notice of objection or refusal and within a reasonable period following receipt of the notice the HRB shall: -

21.2.1 withdraw the Variation Notice in which event the Grant Conditions shall continue in force unchanged;

21.2.2 issue a revised Variation Notice having regard to the reasons given for any refusal or objection in which event the provisions of clauses 21.1 and 21.2 shall apply mutatis mutandis to such revised Variation Notice; or

21.2.3 terminate the Grant by notice in writing to the Host Institution.

21.3 Where the notice of objection or refusal states that the variation specified in the Variation Notice would, if implemented, cause the Host Institution to be in material breach of a contract directly related to the Grant Funded Activities then the HRB shall act reasonably in good faith further consulting the Host Institution and shall give reasonable consideration to the matters raised by the Host Institution.

21.4 The Host Institution shall be entitled to request a variation of the Grant Conditions at any time on written notice to the HRB containing full details of the proposed variation and reasons for the Variation (“Host Institution Variation Notice”).  The HRB shall give reasonable consideration to the Host Institution Variation Notice but unless it gives written notice accepting the proposed Variation within thirty days from receipt of the Host Institution Variation Notice the Grant Conditions shall remain in full force and effect.  

21.5 No variation of the Grant Conditions or termination pursuant to clause 21.2.3 shall give rise to any requirement for repayment by the Host Institution of the whole or any part of the Grant paid to it prior to the date of the Variation Notice save for any unspent part of the Grant. 

21.6 No Variation Notice shall affect any liability incurred by any party to the Grant for a breach of the Grant Conditions incurred prior to the Variation Notice becoming effective. 

21.7 Subject to clauses 21.1 and 21.2 above, no variation of the Grant Conditions shall be legally binding on either party unless recorded in a written memorandum or letter signed on behalf of both parties.