非专利技术转让合同(91)

　　　　36.3　notwithstanding articles 36.1 and 36.2 above， no change madenecessary due to any default of the supplier in the performance of itsobligations under the contract shall be deemed to be a change and suchchange shall not result in any adjustment of the contract price or thetime for delivery.
　　　　36.4　if either party proposes a change pursuant to articles 36. 1 and36.2 above， the supplier shall prepare and furnish to the buyer as soon asreasonably practicable a written statement setting out full details of anysuch change， the reasons therefor if proposed by the supplier， the worksand/or work required or no longer required， an estimate of the increase ordecrease in the contract price， any requisite adjustment to the time fordelivery， and any proposed modifications to the contract and/or any effectsuch change would have on the works and/or on any other provisions of thecontract if the contemplated change is effected， as the case may be.
　　　　36.5　if， in the case of a change proposed by either the buyer or thesupplier， the buyer and the supplier reach agreement on all mattersidentified in the written statement furnished by the supplier pursuant toarticle 36.4 above within a reasonable time thereafter， then the buyershall issue a change order giving effect thereto （hereinafter called"change order"). such change order shall contain full particulars of thechange， any adjustment of the contract price and/or the time for deliveryand all other modifications to the contract and shall be signed by thebuyer and the supplier. such change shall thereupon be deemed to form partof the works.
　　　　36.6　the supplier may object to any change requested by the buyerwhere the aggregate effect of compliance therewith and with all otherchange orders which have already become binding upon the supplier underthis article 36 would be to increase or decrease the contract price asoriginally set forth in article 12 （contract price and technical servicefee）hereof by more than fifteen per cent， provided， however， that theaddition to the contract price of the price　for　any　nominatedsub-contractor under article 20.2 （nominated sub-contractor（s)）hereofshall not be counted for this purpose. the supplier may give a notice ofobjection thereto prior to furnishing the written statement pursuant toarticle 36.4 above. if the buyer accepts the supplier's objection， thebuyer shall withdraw the proposed change and notify the supplier inwriting thereof.