Common use of AUTHORITY RFC Clause in Contracts

AUTHORITY RFC. 6.1 If the Authority wishes to request or requires a Change, it must serve an Authority RFC on the Operator. 6.2 The Authority RFC shall: 6.2.1 set out the Change required in sufficient detail to enable the Operator to provide the Change Response; and 6.2.2 specify the deadline by which the Operator shall provide to the Authority a Change Response (being not less than twenty-one (21) Working Days from and including the date of receipt of the Authority RFC) ("Response Deadline"). 6.3 As soon as practicable, and in any event by the Response Deadline, the Operator shall deliver to the Authority the Change Response. 6.4 As soon as practicable after the Authority receives the Change Response, the Parties shall discuss and agree the issues set out in the Change Response. In such discussions: 6.4.1 the Authority may modify the Authority RFC, in which case the Operator shall, as soon as practicable and in any event within fourteen (14) Working Days from and including the date of receipt of such modification, notify the Authority of any consequential changes to the Change Response; and 6.4.2 where the Authority reasonably requests, the Operator shall provide such additional information as the Authority reasonably requests in order to evaluate the Change Response fully. 6.5 The Operator shall not refuse an Authority RFC unless such Change:- 6.5.1 would materially and adversely affect the risks to health and safety of any person; 6.5.2 would require the Services to be performed in any way that infringes a Law; and/or 6.5.3 is demonstrated by the Operator to: (a) be technically impossible to implement (where neither the Technical Specification for Delivery or the Services description states that the Operator has the technical capacity and flexibility required to implement the proposed Change); or (b) represent a material risk to the Services; or 6.5.4 is predicted to have a material impact on the ability of the Operator to meet any Service Level where as a result of the Change the Service Level is not modified accordingly. 6.6 If the Parties cannot agree on the contents of the Change Response then the dispute will be determined in accordance with the Dispute Resolution Procedure. 6.7 As soon as practicable after the contents of the Change Response have been agreed or otherwise determined pursuant to the Dispute Resolution Procedure, the Authority shall either: 6.7.1 issue a CCN; or 6.7.2 withdraw the Authority RFC. 6.8 If the Authority does not issue a CCN within thirty (30) Working Days from and including the date of the contents of the Change Response having been agreed or determined, then the Authority RFC shall be deemed to have been withdrawn. 6.9 In the event that the Authority issues a CCN then:- 6.9.1 the Operator shall implement the Change in accordance with the Transition Plan 6.9.2 the Parties shall enter into any documents necessary to amend this Agreement or any relevant related document which are necessary to give effect to the Change

AUTHORITY RFC. 6.1 If the Authority wishes to request or requires a Change, it must serve an Authority RFC on the Operator. 6.2 The Authority RFC shall: 6.2.1 set out the Change required in sufficient detail to enable the Operator to provide the Change Response; and 6.2.2 specify the deadline by which the Operator shall provide to the Authority a Change Response (being not less than twenty-one (21) Working Days from and including the date of receipt of the Authority RFC) ("Response Deadline"). 6.3 As soon as practicable, and in any event by the Response Deadline, the Operator shall deliver to the Authority the Change Response. 6.4 As soon as practicable after the Authority receives the Change Response, the Parties shall discuss and agree the issues set out in the Change Response. In such discussions: 6.4.1 the Authority may modify the Authority RFC, in which case the Operator shall, as soon as practicable and in any event within fourteen (14) Working Days from and including the date of receipt of such modification, notify the Authority of any consequential changes to the Change Response; and 6.4.2 where the Authority reasonably requests, the Operator shall provide such additional information as the Authority reasonably requests in order to evaluate the Change Response fully. 6.5 The Operator shall not refuse an Authority RFC unless such Change:- 6.5.1 would materially and adversely affect the risks to health and safety of any person; 6.5.2 would require the Services to be performed in any way that infringes a Law; and/or 6.5.3 is demonstrated by the Operator to: (a) be technically impossible to implement (where neither the Technical Specification for Delivery Solution or the Services description states that the Operator has the technical capacity and flexibility required to implement the proposed Change); or (b) represent a material risk to the Services; or 6.5.4 is predicted to have a material impact on the ability of the Operator to meet any Service Level where as a result of the Change the Service Level is not modified accordingly. 6.6 If the Parties cannot agree on the contents of the Change Response then the dispute will be determined in accordance with the Dispute Resolution Procedure. 6.7 As soon as practicable after the contents of the Change Response have been agreed or otherwise determined pursuant to the Dispute Resolution Procedure, the Authority shall either: 6.7.1 issue a CCN; or 6.7.2 withdraw the Authority RFC. 6.8 If the Authority does not issue a CCN within thirty (30) Working Days from and including the date of the contents of the Change Response having been agreed or determined, then the Authority RFC shall be deemed to have been withdrawn. 6.9 In the event that the Authority issues a CCN then:- 6.9.1 the Operator shall implement the Change in accordance with the Transition Plan 6.9.2 the Parties shall enter into any documents necessary to amend this Agreement or any relevant related document which are necessary to give effect to the Change

AUTHORITY RFC. 6.1 If the Authority wishes to request or requires a Change, it must serve an Authority RFC on the Operator. 6.2 Service Provider. The Authority RFC shall: 6.2.1 : set out the Change required in sufficient detail to enable the Operator Service Provider to provide the Change Response; and 6.2.2 and specify the deadline by which the Operator Service Provider shall provide to the Authority a Change Response (being not less than twenty-one (21) Working Business Days from and including the date of receipt of the Authority RFC) ("Response Deadline"). 6.3 . As soon as practicable, and in any event by the Response Deadline, the Operator Service Provider shall deliver to the Authority the Change Response. 6.4 . As soon as practicable after the Authority receives the Change Response, the Parties shall discuss and agree the issues set out in the Change Response. In such discussions: 6.4.1 : the Authority may modify the Authority RFC, in which case the Operator Service Provider shall, as soon as practicable and in any event within fourteen (14) Working Business Days from and including the date of receipt of such modification, notify the Authority of any consequential changes to the Change Response; and 6.4.2 and where the Authority reasonably requestsrequest, the Operator Service Provider shall provide such additional information as the Authority reasonably requests request in order to evaluate the Change Response fully. 6.5 . The Operator Service Provider shall not refuse an Authority RFC unless such Change:- 6.5.1 Change:- would materially and adversely affect the risks to health and safety of any person; 6.5.2 ; would require the Services to be performed in any way that infringes a Law; and/or 6.5.3 and/or is demonstrated by the Operator Service Provider to: (a) : be technically impossible to implement (where neither the Technical Specification for Delivery Service Provider's Method Statement or the Services description states that the Operator Service Provider has the technical capacity and flexibility required to implement the proposed Change); or (b) or represent a material risk to the Services; or 6.5.4 or be such that the Service Provider would no longer be able to provide the Services in a technically or financially viable manner. is predicted to have a material impact on the ability of the Operator Service Provider to meet any Service Level where as a result of the Change the Service Level is not modified accordingly. 6.6 . If the Parties cannot agree on the contents of the Change Response then the dispute will be determined in accordance with the Dispute Resolution Procedure. 6.7 . As soon as practicable after the contents of the Change Response have been agreed or otherwise determined pursuant to the Dispute Resolution Procedure, the Authority shall either: 6.7.1 : issue a CCN; or 6.7.2 or withdraw the Authority RFC. 6.8 . If the Authority does not issue a CCN within thirty (30) Working Business Days from and including the date of the contents of the Change Response having been agreed or determined, then the Authority RFC shall be deemed to have been withdrawn. 6.9 . In the event that the Authority issues a CCN then:- 6.9.1 then:- the Operator Service Provider shall implement the Change in accordance with the Transition Change Implementation Plan 6.9.2 ; and the Parties shall enter into any documents necessary to amend this Agreement or any relevant related document which are necessary to give effect to the Change. If the Service Provider wishes to request a Change, it must serve a Service Provider RFC on the Authority. The Service Provider RFC must: set out the proposed Change in sufficient detail to enable the Authority to evaluate it in full; specify the Service Provider's reasons for proposing the change in the Services; include an Impact Assessment, a Change Implementation Plan and a Financial Proposal; and indicate if there are any dates by which a decision by the Authority is critical. The Authority shall evaluate the Service Provider's proposed change in the Services in good faith, taking into account all relevant issues, including whether: there would be a change to the financial arrangements; the change affects the quality of the Services or the likelihood of successful delivery of the Services; the change will interfere with the relationship of the Authority or the Service Provider with third parties; the financial strength of the Service Provider is insufficient to perform the changed Services; or the change materially affects the risks or costs to which the Authority are exposed; or the change would, if implemented, result in a change in the nature of the Services. As soon as practicable after receiving the Service Provider RFC, the Parties shall meet and discuss the matter referred to in it. During their discussions the Authority may propose modifications or accept or (save where the Service Provider RFC is pursuant to Paragraph 58.2) reject the Service Provider RFC. If the Authority accepts the Service Provider RFC (with or without modification), the Authority shall issue a CCN. In the event that the Authority issues a CCN then:- the Service Provider shall implement the Change in accordance with the Change Implementation Plan; and the Parties shall enter into any documents necessary to amend this Agreement or any relevant related document which are necessary to give effect to the Change. If the Authority rejects the Service Provider RFC, it shall advise the Service Provider of the criteria set out in Paragraph 60.3 upon which its decision for such a rejection is based. Title: Originator: Contact Number: To include reason for change and appropriate details/specifications. (Where relevant) Attach the Impact Assessment, the Change Implementation Plan and the Financial Proposal. Implementation of this CCN as submitted in Part A is: (tick as appropriate) Approved Rejected Requires Further Information (as follows, as Attachment 1, etc.) Comments (if any) It is expected that the Scheme will be self-financing over the Term. Subject to Clause 20.7, the Authority will not provide any funding or guarantees to the Service Provider. The Service Provider may charge fees (whether administrative or ‘membership’) to Landlords using the Scheme once it becomes operational. The Scheme must not charge fees or any other monies to tenants for protecting their Deposit other than the Permitted Charges. The Scheme must not charge fees or any other monies for ADR services. The Service Provider shall hold disputed Deposit amounts in one or more accounts for sterling cash deposits with banks and building societies with a solid investment grade, as defined by a minimum credit rating of single A as defined by Standard and Poor’s, or equivalent by a recognised credit rating agency such as ▇▇▇▇▇’▇ Investor Services Ltd and Fitch Ratings Ltd. Following the end of the Term or the Exit Period (as the case may be), the Service Provider shall comply with such direction as the Authority (in its discretion) may make in relation to any unclaimed disputed Deposit amounts held by the Service Provider. Any accrued interest on disputed Deposits may be retained by the Service Provider. The Service Provider is responsible for ensuring sufficient liquidity to enable the repayment of disputed Deposit amounts within the specified time period.