Change of Scope. 10.10.1. The Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, if in the reasonable judgment of the Parties, it is likely to lead to delay in Project Completion or during the Operation Period, if in the reasonable judgement of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in Change of Scope shall be borne by the Authority. 10.10.2. In the event the Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”). 10.10.3. Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Authority, the following: a.) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicable; and b.) The cost to be incurred by the Concessionaire for and in respect of such Change of Scope 10.10.4. Upon receipt of the information as per the Clause 10.10.3, the Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt thereof and/or the Authority does not disagree with the cost assessment of the Concessionaire, the Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or the Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or the cost of implementing the same, they may seek intervention of the IE&A to resolve the differences and upon the final mutual agreement of the desired Change of Scope and its cost implication and its reimbursement including cost of suspension of Services, if any, the Parties may enter into a supplementary agreement in respect of the Change of Scope.
Appears in 7 contracts
Sources: Concession Agreement, Concession Agreement, Concession Agreement
Change of Scope. 10.10.1. a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope thescope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Phase if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot becompleted onthe Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementinga single Change of Scope shall be borne by not exceed a sum corresponding to [5%] of the Authority.Total Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining toChange of Scope shall not exceed a sum corresponding to [20%] of the Total Project Cost ;
10.10.2. In b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the tothe Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder there under (the “Change of Scope Notice”).;
10.10.3. c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.) Its estimation of i. the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.) The ii. the cost to be incurred by the Concessionaire for and in respect of ref such Change of Scope;
10.10.4. d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the ConcessionairetheConcessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified Scopenotified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment disagreewiththecostassessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation theimplementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / Concessionaireand/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost thecost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification ofnotification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A ofthe Independent Engineer to resolve the differences and upon the final mutual agreement determination of the desired thedesired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope;
e) The provisions of this Agreement, insofar as they relate to Construction Works and Tests, shallapply mutatismutandis to the worksundertaken by the Concessionaire in respect of a Change of Scope;
f) Within7 (seven) Days of an orderfor Change of Scopebeingissued, the Concessioning Authorityshall make an advance payment to the Concessionaire of a sum equal to 20% of the cost of Change of Scope as agreedhereunder. The Concessionaireshall, after commencement of work,present to the Concessioning Authority bills for payment in respect of the works in progress orcompleted works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty)Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire after deducting Pro-rata advance payment, such amounts as are certified by the StatutoryAuditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipment following an order for a Change of Scope;
g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authoritymay, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change ofScope; provided that the Concessionaire shall have the option of matching the first ranked bid interms of the selection criteria, subject to payment of 2% of the bid amount to the ConcessioningAuthority, and thereupon securing the award of such works or services. For the avoidance ofdoubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it hasparticipated in the bidding process and its reimbursement including cost bid does not exceed the first ranked bid by more than10% thereof; It is also agreed that the Concessionaire shall provide access, assistance andcooperation to thepersonwho undertakestheworks or services hereunder. For the avoidance ofdoubt, the Concessioning Authority acknowledges and agrees that it shall not undertake any worksor services under this Clause 6.8 (g) if such works or services cause a Material Adverse Effect onthe Concessionaire.
h) If during the pendency of suspension the Agreement, the Concessionaire determines at any time that aChange of Scope is necessary for providing safer and/or improved Project Facilities and Services,it shall by notice in writingrequestthe Concessioning Authorityto considersuch Change of Scope.The Concessioning Authority shall respond within 45 (forty-five) days of receipt of such notice,either accepting such Change of Scope with modifications, if any, or inform the Parties may enter into a supplementary agreement in respect Concessionairein writing of the its reasons for not accepting such Change of Scope. The Concessionaire mayimplement the Project and provide Project Facilities and Services in accordance with the Changeof Scope as may be approved in writing by the Concessioning Authority and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarifiedthat the provisions contained in Article 6.8. (f) and (g) shall not apply to a Change of Scoperequired by the Concessionaire.
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
Change of Scope. 10.10.1. (a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Phase if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot be completed on the Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementing a single Change of Scope shall be borne by not exceed a sum corresponding to [5% (five percent)] of the Authority.Estimated Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining to Change of Scope shall not exceed a sum corresponding to [20% (twenty percent)] of the Estimated Project Cost ;
10.10.2. In (b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.(i) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.(ii) The the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A an Expert to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope;
(e) The provisions of this Agreement, insofar as they relate to Construction Works and its reimbursement including Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope;
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% (twenty per cent) of the cost of suspension Change of Services▇▇▇▇▇ as agreed hereunder. The Concessionaire shall, if anyafter commencement of work, present to the Parties may enter into a supplementary agreement Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire such amounts as are certified by the Statutory Auditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipments following an order for a Change of Scope.;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof; and
(h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessionaire may implement the Project and provide Project Facilities and Services in accordance with the Change of Scope as may be approved in writing by the Concessioning Authority and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8
Appears in 2 contracts
Sources: Concession Agreement, Concession Agreement
Change of Scope. 10.10.1. (a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Phase if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot be completed on the Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementing a single Change of Scope shall be borne by not exceed a sum corresponding to 5% (five percent) of the Authority.Total Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining to Change of Scope shall not exceed a sum corresponding to 20% (twenty percent) of the Total Project Cost ;
10.10.2. In (b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.(i) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.(ii) The the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A an Expert/Independent Engineer to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope. In the event, there is no resolution or final determination of the desired Change of Scope and its reimbursement including cost implication, even after intervention of the Expert/Independent Engineer, the Concessioning Authority may issue an order to implement the Change of Scope pending resolution of the dispute in terms of the provisions of this Concession Agreement.
(e) The provisions of this Agreement, insofar as they relate to Construction Works and Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope;
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% (twenty per cent) of the cost of suspension Change of ServicesScope as agreed hereunder. The Concessionaire shall, if anyafter commencement of work, present to the Parties may enter into a supplementary agreement Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire after deducting Pro- rata advance payment, such amounts as are certified by the Statutory Auditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipments following an order for a Change of Scope;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof. It is hereby agreed that the Concessionaire shall provide co-operation, access to site to the third party for which it is appointed through such competitive bidding process; and
(h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessionaire may implement the Project and provide Project Facilities and Services in accordance with the Change of Scope, wherein the Concessioning Authority may provide its own suggestions/modifications, thereafter the accepted form of Change of Scope may be approved in writing by the Concessioning Authority or may provide the reason(s) in writing for not accepting the aforesaid Change of Scope, as proposed by the Concessionaire within 60 (sixty) days from the date of issuance of such notice and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. (a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Phase if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot be completed on the Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementing a single Change of Scope shall be borne by not exceed a sum corresponding to [5%] of the Authority.Total Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining to Change of Scope shall not exceed a sum corresponding to [20%] of the Total Project Cost ;
10.10.2. In (b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder there under (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.) Its estimation of i. the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.) The ii. the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A Independent Engineer to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope;
(e) The provisions of this Agreement, insofar as they relate to Construction Works and Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope;
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% of the cost of Change of ▇▇▇▇▇ as agreed hereunder. The Concessionaire shall, after commencement of work, present to the Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire after deducting pro-rata advance payment, such amounts as are certified by the Statutory Auditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipment following an order for a Change of Scope;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its reimbursement including cost bid does not exceed the first ranked bid by more than 10% thereof; It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder. For the avoidance of suspension doubt, the Concessioning Authority acknowledges and agrees that it shall not undertake any works or services under this Clause 6.8 (g) if such works or services cause a Material Adverse Effect on the Concessionaire.
(h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and/or improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessioning Authority shall respond within 45 (forty-five) days of receipt of such notice, either accepting such Change of Scope with modifications, if any, or inform the Parties Concessionaire in writing of its reasons for not accepting such Change of Scope. The Concessionaire may enter into a supplementary agreement implement the Project and provide Project Facilities and Services in respect of accordance with the Change of ScopeScope as may be approved in writing by the Concessioning Authority and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8.(f) and (g) shall not apply to a Change of Scope required by the Concessionaire.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. The Authority may, notwithstanding anything to the contrary contained in this AgreementContract, require the provision of additional works and services at the mines, which are not included in the scope Scope of the Project as contemplated by this Agreement Contract, or reduce the Scope of the Project (“the "Change of Scope”"). Provided no Any such Change of Scope shall be made in accordance with and subject to the Construction Period, if in provisions of this clause. If the reasonable judgment of the Parties, it is likely to lead to delay in Project Completion or during the Operation Period, if in the reasonable judgement of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in Contractor determines at any time that a Change of Scope is necessary for safety considerations or any unforeseen circumstances arising out of Force Majeure, it shall be borne by notice in writing require the Authority.
10.10.2Authority to consider such Change of Scope. The Authority shall, within 15 (fifteen) days of receipt of such notice, either accept such Change of Scope with modifications, if any, and initiate proceedings in accordance with this clause or inform the Contractor in writing of its reasons for not accepting such Change of Scope or for accepting such Change of Scope without any payment obligations hereunder, as the case maybe. Any works or services which are provided under and in accordance with this clause shall form part of the Scope of the Project and the provisions of this Contract shall apply mutatis mutandis to such works or services. In the event of the Authority determines determining that a Change of Scope is necessary, it shall issue to the Concessionaire Contractor, a notice specifying in reasonable detail detail, the change in works and services contemplated thereunder (the “"Change of Scope Notice”").
10.10.3. Upon receipt of a Change of Scope Notice, the Concessionaire Contractor shall, with due diligence, provide to the AuthorityAuthority such information as is necessary, the following:
a.) Its estimation together with preliminary documentation in support of the adverse impact, if any, which options for implementing the proposed Change of Scope is likely to have and the effects of each such option on the Construction Work or costs and time thereof (if any), including a detailed breakdown by work classifications specifying the Operationmaterial and labour costs calculated in accordance with the schedule of rates applicable to the works assigned by the Authority to its Contractors, as applicablealong with the proposed premium/discount on such rates; and
b.) The provided that the cost to be incurred by the Concessionaire Contractor in providing such information shall be reimbursed by the Authority to the extent such cost is certified by the Engineer in charge as reasonable. In this regard, the Engineer in charge may call for details and in respect of appropriate documentation from the Contractor to verify such Change of Scope
10.10.4costs. Upon receipt of the information as per the Clause 10.10.3set forth in this clause, if the Authority shall, if it decides to proceed with the Change of Scope, it shall convey its agreement or otherwise of preferred option to the assessment of Contractor, and the Concessionaireparties shall, thereupon make good faith efforts to agree upon the time and costs for implementation thereof. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt thereof and/or the Authority does not disagree with the cost assessment of the ConcessionaireUpon reaching an agreement, the Authority shall issue an order (the "Change of Scope Order") requiring the Concessionaire Contractor to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or the Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/costperformance thereof. In the event that the Parties parties are unable to mutually agree to agree, the Authority may, by issuing a Change of Scope and / or Order, require the cost of implementing Contractor to proceed with the same, they may seek intervention performance thereof pending resolution of the IE&A Dispute. The provisions of this clause, are applicable to resolve the differences construction works, tests, operation and upon the final mutual agreement maintenance of the desired Change of Scope and its cost implication and its reimbursement including cost of suspension of Services, if any, the Parties may enter into a supplementary agreement in respect of the Change of Scopemine.
Appears in 1 contract
Sources: Service Level Agreement
Change of Scope. 10.10.1. (a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Phase if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot be completed on the Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementing a single Change of Scope shall be borne by not exceed a sum corresponding to 5% (five percent) of the Authority.Estimated Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining to Change of Scope shall not exceed a sum corresponding to 20% (twenty percent) of the Estimated Project Cost ;
10.10.2. In (b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.(i) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.(ii) The the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A an Expert to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope;
(e) The provisions of this Agreement, insofar as they relate to Construction Works and its reimbursement including Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope;
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% (twenty per cent) of the cost of suspension Change of ServicesScope as agreed hereunder. The Concessionaire shall, if anyafter commencement of work, present to the Parties may enter into a supplementary agreement Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire such amounts as are certified by the Statutory Auditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipments following an order for a Change of Scope;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof; and
(h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessionaire may implement the Project and provide Project Facilities and Services in accordance with the Change of Scope as may be approved in writing by the Concessioning Authority and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8 (f) and (g) shall not apply to a Change of Scope required by the Concessionaire.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. The Authority / SSNNL / FED may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included part of the scope of work (“Authority Change of Scope”). Upon giving of a Authority Change of Scope notice by the Authority to the Concessionaire, the Concessionaire shall with due diligence, and within 30 days of receipt of the notice for Authority Change of Scope, provide to the Authority a cost and time estimate of such Authority Change of Scope. The Parties shall make good faith efforts to agree on the time and cost for implementation of the Authority Change of Scope. Upon agreement, the Authority shall provide an Authority Change of Scope order to the Concessionaire, and the Concessionaire shall comply with such order and perform the Authority Change of Scope in accordance with the terms of the order, Applicable Law, Applicable Permits, Specifications and Standards and Good Industry Practices. For avoidance of doubt, if the Parties fail to agree or the time or cost for carrying out such Authority Change of Scope within 30 days from the receipt by Authority of time and cost estimates from the Concessionaire, the Authority Change of Scope notice shall be deemed to withdrawn by the Authority. The payment for Authority Change of Scope shall be made by the Authority in such manner and time as may be actually agreed between the Parties. If the Concessionaire determines at any time that a change in the scope of the Project as contemplated by this Agreement (“Concessionaire Change of Scope”)) is necessary for providing safer and improved services to the Users, it shall by notice in writing require the Authority to consider such Concessionaire Change of Scope. Provided no The Authority shall, within 30 (thirty) days of receipt of such notice for Concessionaire Change of Scope, either accept such Concessionaire Change of Scope shall be made in the Construction Periodwith modifications, if any, or inform the Concessionaire in writing of its reasons for not accepting such Concessionaire Change of Scope. In case the reasonable judgment of the Parties, it is likely Authority does not respond to lead to delay in Project Completion or during the Operation Period, if in the reasonable judgement of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs ’s proposal for carrying out required additional work as contemplated in Concessionaire Change of Scope within thirty (30) days from the date of receipt of the proposal, it shall be deemed that the change of scope of work have not been accepted by the Authority. All costs arising out of any Concessionaire Change of Scope requested by Concessionaire under this Clause 16.1.2 during the Construction Period shall be borne by the AuthorityConcessionaire.
10.10.2. In the event the Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).
10.10.3. Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Authority, the following:
a.) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicable; and
b.) The cost to be incurred by the Concessionaire for and in respect of such Change of Scope
10.10.4. Upon receipt of the information as per the Clause 10.10.3, the Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt thereof and/or the Authority does not disagree with the cost assessment of the Concessionaire, the Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or the Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or the cost of implementing the same, they may seek intervention of the IE&A to resolve the differences and upon the final mutual agreement of the desired Change of Scope and its cost implication and its reimbursement including cost of suspension of Services, if any, the Parties may enter into a supplementary agreement in respect of the Change of Scope.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. (a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such further, the cost of implementing a single Change of Scope shall be made in the Construction Period, if in the reasonable judgment not exceed a sum corresponding to [5% (five percent)] of the Parties, it is likely to lead to delay in Estimated Project Completion or Cost and during the Operation Period, if in Concession Period the reasonable judgement cumulative cost of the Parties, it is likely implementing orders pertaining to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in Change of Scope shall be borne by not exceed a sum corresponding to [20% (twenty percent)] of the Authority.Estimated Project Cost ;
10.10.2. In (b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.) Its estimation of i. the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.) The ii. the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A an Expert to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope;
(e) The provisions of this Agreement, insofar as they relate to Construction Works and its reimbursement including Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope;
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% (twenty per cent) of the cost of suspension Change of ServicesScope as agreed hereunder. The Concessionaire shall, if anyafter commencement of work, present to the Parties may enter into a supplementary agreement Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire after deducting Prorata advance payment, such amounts as are certified by the Statutory Auditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipments following an order for a Change of Scope;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof; and
(h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessionaire may implement the Project and provide Project Facilities and Services in accordance with the Change of Scope as may be approved in writing by the Concessioning Authority and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8. (f) and (g) shall not apply to a Change of Scope required by the Concessionaire.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. (a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Phase if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot be completed on the Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementing a single Change of Scope shall be borne by not exceed a sum corresponding to [5% (five percent)] of the Authority.Estimated Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining to Change of Scope shall not exceed a sum corresponding to [20% (twenty percent)] of the Estimated Project Cost ;
10.10.2. In (b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.(i) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.(ii) The the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A an Expert to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope;
(e) The provisions of this Agreement, insofar as they relate to Construction Works and its reimbursement including Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope;
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% (twenty per cent) of the cost of suspension Change of Services▇▇▇▇▇ as agreed hereunder. The Concessionaire shall, if anyafter commencement of work, present to the Parties may enter into a supplementary agreement Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire after deducting Pro- rata advance payment, such amounts as are certified by the Statutory Auditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipments following an order for a Change of Scope;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof; and
(h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessionaire may implement the Project and provide Project Facilities and Services in accordance with the Change of Scope as may be approved in writing by the Concessioning Authority and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. (a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Phase if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot be completed on the Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementing a single Change of Scope shall be borne by not exceed a sum corresponding to [5% (five percent)] of the Authority.Estimated Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining to Change of Scope shall not exceed a sum corresponding to [20% (twenty percent)] of the Estimated Project Cost ;
10.10.2. In (b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.(i) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.(ii) The the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A an Expert to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope;
(e) The provisions of this Agreement, insofar as they relate to Construction Works and its reimbursement including Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope;
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% (twenty per cent) of the cost of suspension Change of ServicesScope as agreed hereunder. The Concessionaire shall, if anyafter commencement of work, present to the Parties may enter into a supplementary agreement Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire such amounts as are certified by the Statutory Auditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipments following an order for a Change of Scope.;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof; and
(h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessionaire may implement the Project and provide Project Facilities and Services in accordance with the Change of Scope as may be approved in writing by the Concessioning Authority and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. (a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Phase if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot be completed on the Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementing a single Change of Scope shall be borne by not exceed a sum corresponding to 5% (five percent) of the Authority.Total Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining to Change of Scope shall not exceed a sum corresponding to 20% (twenty percent) of the Total Project Cost ;
10.10.2. In (b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.(i) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.(ii) The the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A an Expert/Independent Engineer to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope. In the event, there is no resolution or final determination of the desired Change of Scope and its reimbursement including cost implication, even after intervention of the Expert/Independent Engineer, the Concessioning Authority may issue an order to implement the Change of Scope pending resolution of the dispute in terms of the provisions of this Concession Agreement.
(e) The provisions of this Agreement, insofar as they relate to Construction Works and Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope;
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% (twenty per cent) of the cost of suspension Change of Services▇▇▇▇▇ as agreed hereunder. The Concessionaire shall, if anyafter commencement of work, present to the Parties may enter into a supplementary agreement Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire after deducting Pro- rata advance payment, such amounts as are certified by the Statutory Auditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipments following an order for a Change of Scope;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof. It is hereby agreed that the Concessionaire shall provide co-operation, access to site to the third party for which it is appointed through such competitive bidding process; and
(h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessionaire may implement the Project and provide Project Facilities and Services in accordance with the Change of Scope, wherein the Concessioning Authority may provide its own suggestions/modifications, thereafter the accepted form of Change of Scope may be approved in writing by the Concessioning Authority or may provide the reason(s) in writing for not accepting the aforesaid Change of Scope, as proposed by the Concessionaire within 60 (sixty) days from the date of issuance of such notice and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. (a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Development Period if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot be completed on the Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementing a single Change of Scope shall be borne by not exceed a sum corresponding to 5% (five percent) of the Authority.Total Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining to Change of Scope shall not exceed a sum corresponding to 20% (twenty percent) of the Total Project Cost;
10.10.2. In (b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.(i) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.(i) The the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the foregoing information as per and the Clause 10.10.3recommendations from Independent Engineer, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A Independent Engineer to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope; In the event, there is no resolution or final determination of the desired Change of Scope and its reimbursement including cost implication, even after intervention of the Independent Engineer, the Concessioning Authority may issue an order to implement the Change of Scope pending resolution of the dispute in terms of the provisions of this Concession Agreement;
(e) The provisions of this Agreement, insofar as they relate to Development Works and Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope.
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% (twenty per cent) of the cost of suspension Change of ServicesScope as agreed hereunder. The Concessionaire shall, if anyafter commencement of work, present to the Parties may enter into a supplementary agreement Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire after deducting Pro-rata advance payment such amounts as are certified by the Independent Engineer as being expended by the Concessionaire for and in respect of implementing the Development Works or procuring equipment following an order for a Change of Scope;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof; and It is hereby agreed that the Concessionaire shall provide co-operation, access to site to the third party for which it is appointed through such competitive bidding process and the Concessioning Authority shall not undertake any works or services under the clause if such works or services cause a Material Adverse Effect on the Concessionaire; and
(h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessionaire may implement the Project and provide Project Facilities and Services in accordance with the Change of Scope, wherein the Concessioning Authority may provide its own suggestions/modifications, thereafter the accepted form of Change of Scope may be approved in writing by the Concessioning Authority or may provide the reasons in writing to not to accept the aforesaid Change of Scope proposed by Concessionaire within 60 (sixty) days from the date of receipt of such notice. If the Change of Scope proposed by Concessionaire is approve by Concessioning Authority as stated above, all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. The Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope Scope of the Project as contemplated by this Agreement (the “Change of Scope”). Provided no Any such Change of Scope shall be made in accordance with the Construction Period, if in provisions of this Article 16 and the reasonable judgment of the Parties, it is likely to lead to delay in Project Completion or during the Operation Period, if in the reasonable judgement of the Parties, it is likely to have Material Adverse Effect on the provision of Services costs thereof shall be expended by the ConcessionaireConcessionaire and reimbursed to it by the Authority in accordance with Clause 16.3. The costs for carrying out required additional work as contemplated in If the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and improved Storage Services, it shall by notice in writing require the Authority to consider such Change of Scope. The Authority shall, within 15 (fifteen) days of receipt of such notice, either accept such Change of Scope with modifications, if any, and initiate proceedings therefore in accordance with this Article 16 or inform the Concessionaire in writing of its reasons for not accepting such Change of Scope. Any works or services which are provided under and in accordance with this Article 16 shall form part of the Storage Facility and the provisions of this Agreement shall apply mutatis mutandis to such works or services. Notwithstanding anything to the contrary contained in Clause 16.1.3 or this Agreement, the Change in Scope shall not require the acquisition of additional land, and in the event such additional land is required for the Change of Scope, the responsibility for determining need for additional land for executing the Change of Scope activity shall be borne by with the Independent Expert and the responsibility for the acquisition and provision of this additional land to execute the Change in Scope, shall be with the Authority.
10.10.2. Procedure for Change of Scope In the event of the Authority determines determining that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).
10.10.3. Upon receipt of a Change of Scope Notice, the Concessionaire shall, with due diligence, provide to the AuthorityAuthority such information as is necessary, together with preliminary Documentation in support of: the following:
a.) Its estimation of the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work Project Completion Schedule if the works or the Operation, as applicable; and
b.) The cost services are required to be carried out during the Construction Period; and the options for implementing the proposed Change of Scope and the effect, if any, each such option would have on the costs and time thereof, including a detailed breakdown by work classifications specifying the material and labour costs calculated in accordance with the schedule of rates applicable to the works assigned by the Authority to its contractors, along with the proposed premium/discount on such rates; provided that the cost incurred by the Concessionaire for and in respect of providing such Change of Scope
10.10.4information shall be reimbursed by the Authority to the extent such cost is certified by the Independent Expert as reasonable. Upon receipt of the information as per the set forth in Clause 10.10.316.2.2, if the Authority shall, if it decides to proceed with the Change of Scope, it shall convey its agreement or otherwise preferred option to the Concessionaire, and the Parties shall, with assistance of the assessment of Independent Expert, thereupon make good faith efforts to agree upon the Concessionairetime and costs for implementation thereof. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt thereof and/or the Authority does not disagree with the cost assessment of the ConcessionaireUpon reaching an agreement, the Authority shall issue an order (the “Change of Scope Order”) requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or the Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/costperformance thereof. In the event that the Parties are unable to mutually agree to agree, the Authority may, by issuing a Change of Scope and / or Order, require the cost of implementing Concessionaire to proceed with the same, they may seek intervention performance thereof pending resolution of the IE&A Dispute, or carry out the works in accordance with Clause 16.5. The provisions of this Agreement, insofar as they relate to resolve Construction Works and Tests, shall apply mutatis mutandis to the differences and upon works undertaken by the final mutual agreement of the desired Change of Scope and its cost implication and its reimbursement including cost of suspension of Services, if any, the Parties may enter into a supplementary agreement in respect of the Change of ScopeConcessionaire under this Article 16.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. a) The Concessioning Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such Change of Scope shall be made in the Construction Period, Phase if it is in the reasonable judgment of the Parties, it is parties hereto likely to lead to delay in the completion of the Project such that the Project cannot be completed on the Scheduled Project Completion or during Date. Provided further, the Operation Period, if in the reasonable judgement cost of the Parties, it is likely to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in implementing a single Change of Scope shall be borne by not exceed a sum corresponding to [5%] of the Authority.Total Project Cost and during the Concession Period the cumulative cost of implementing orders pertaining to Change of Scope shall not exceed a sum corresponding to [20%] of the Total Project Cost ;
10.10.2. In b) If the event the Concessioning Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. c) Upon receipt of a Change of Scope Notice, the Concessionaire shall, provide to the Concessioning Authority, the following:
a.) Its estimation of i. the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.) The ii. the cost to be incurred by the Concessionaire for and in respect of such Change of Scope;
10.10.4. d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Concessioning Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the Concessionaire. If the Concessionaire does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Concessioning Authority does not disagree with the cost assessment of the Concessionaire, the Concessioning Authority shall issue an order requiring the Concessionaire to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or and/or the Concessioning Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A Independent Engineer to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Concessioning Authority may issue an order to implement the Change of Scope;
e) The provisions of this Agreement, insofar as they relate to Construction Works and Tests, shall apply mutatis mutandis to the works undertaken by the Concessionaire in respect of a Change of Scope;
f) Within 7 (seven) Days of an order for Change of Scope being issued, the Concessioning Authority shall make an advance payment to the Concessionaire of a sum equal to 20% of the cost of Change of Scope as agreed hereunder. The Concessionaire shall, after commencement of work, present to the Concessioning Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Concessioning Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Concessioning Authority shall disburse to the Concessionaire after deducting Pro-rata advance payment, such amounts as are certified by the Statutory Auditors as being expended by the Concessionaire for and in respect of implementing Construction Works or procuring equipment following an order for a Change of Scope;
g) Notwithstanding anything to the contrary contained in this Article 6.8, the Concessioning Authority may, after giving the Change of Scope Notice to the Concessionaire and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% of the bid amount to the Concessioning Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its reimbursement including cost bid does not exceed the first ranked bid by more than 10% thereof; It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder. For the avoidance of suspension doubt, the Concessioning Authority acknowledges and agrees that it shall not undertake any works or services under this Clause 6.8 (g) if such works or services cause a Material Adverse Effect on the Concessionaire.
h) If during the pendency of the Agreement, the Concessionaire determines at any time that a Change of Scope is necessary for providing safer and/or improved Project Facilities and Services, it shall by notice in writing request the Concessioning Authority to consider such Change of Scope. The Concessioning Authority shall respond within 45 (forty-five) days of receipt of such notice, either accepting such Change of Scope with modifications, if any, or inform the Parties Concessionaire in writing of its reasons for not accepting such Change of Scope. The Concessionaire may enter into a supplementary agreement implement the Project and provide Project Facilities and Services in respect of accordance with the Change of ScopeScope as may be approved in writing by the Concessioning Authority and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8. (f) and (g) shall not apply to a Change of Scope required by the Concessionaire.
Appears in 1 contract
Sources: Concession Agreement
Change of Scope. 10.10.1. (a) The Authority may, notwithstanding anything to the contrary contained in this Agreement, require the provision of additional works and services which are not included in the scope of the Project as contemplated by this Agreement (“Change of Scope”). Provided no such further, the cost of implementing a single Change of Scope shall be made in the Construction Period, if in the reasonable judgment not exceed a sum corresponding to [5% (five percent)] of the Parties, it is likely to lead to delay in Estimated Project Completion or Cost and during the Operation Period, if in Agreement Period the reasonable judgement cumulative cost of the Parties, it is likely implementing orders pertaining to have Material Adverse Effect on the provision of Services by the Concessionaire. The costs for carrying out required additional work as contemplated in Change of Scope shall be borne by not exceed a sum corresponding to [20% (twenty percent)] of the Authority.Estimated Project Cost ;
10.10.2. In the event (b) If the Authority determines that a Change of Scope is necessary, it shall issue to the Concessionaire Operator a notice specifying in reasonable detail the works and services contemplated thereunder (the “Change of Scope Notice”).;
10.10.3. (c) Upon receipt of a Change of Scope Notice, the Concessionaire Operator shall, provide to the Authority, the following:
a.) Its estimation of i. the adverse impact, if any, which the Change of Scope is likely to have on the Construction Work or the Operation, as applicableProject; and
b.) The ii. the cost to be incurred by the Concessionaire Operator for and in respect of such Change of Scope;
10.10.4. (d) Upon receipt of the information as per the Clause 10.10.3foregoing information, the Authority shall, if it decides to proceed with the Change of Scope, convey its agreement or otherwise of the assessment of the ConcessionaireOperator. If the Concessionaire Operator does not notify any adverse impact of a Change of Scope notified under the Change of Scope Notice within 30 (thirty) Days of the receipt date thereof and/or the Authority does not disagree with the cost assessment of the ConcessionaireOperator, the Authority shall issue an order requiring the Concessionaire Operator to proceed with the implementation of such Change of Scope. If an adverse impact is notified by the Concessionaire and / or Operator and/or the Authority disagrees with the cost assessment, the Parties shall in good faith modify the Change of Scope envisaged so as to remove the adverse impact/agree to the cost implication for carrying out the Change of Scope within a period of 30 (thirty) Days of notification of the adverse impact/cost. In the event that the Parties are unable to mutually agree to a Change of Scope and / or and/or the cost of implementing the same, they may seek intervention of the IE&A an Expert to resolve the differences and upon the final mutual agreement determination of the desired Change of Scope and its cost implication implication, the Authority may issue an order to implement the Change of Scope;
(e) The provisions of this Agreement, insofar as they relate to Construction Works and its reimbursement including Tests, shall apply mutatis mutandis to the works undertaken by the Operator in respect of a Change of Scope;
(f) Within 7 (seven) Days of an order for Change of Scope being issued, the Authority shall make an advance payment to the Operator of a sum equal to 20% (twenty per cent) of the cost of suspension Change of ServicesScope as agreed hereunder. The Operator shall, if anyafter commencement of work, present to the Parties may enter into a supplementary agreement Authority bills for payment in respect of the works in progress or completed works, as the case may be, supported by such documentation as is reasonably sufficient for the Authority to determine the accuracy thereof. Within 30 (thirty) Days of receipt of such bills, the Authority shall disburse to the Operator after deducting Prorata advance payment, such amounts as are certified by the Statutory Auditors as being expended by the Operator for and in respect of implementing Construction Works or procuring equipments following an order for a Change of Scope;
(g) Notwithstanding anything to the contrary contained in this Article 6.8, the Authority may, after giving the Change of Scope Notice to the Operator and considering its reply thereto, decide to seek competitive bids for carrying out the works envisaged in a Change of Scope; provided that the Operator shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Operator shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof; and
(h) If during the pendency of the Agreement, the Operator determines at any time that a Change of Scope is necessary for providing safer and improved Project Facilities and Services, it shall by notice in writing request the Authority to consider such Change of Scope. The Operator may implement the Project and provide Project Facilities and Services in accordance with the Change of Scope as may be approved in writing by the Authority and all the provisions of this Article 6 for the Project Implementation shall mutatis mutandis apply. Provided, it is clarified that the provisions contained in Article 6.8. (f) and (g) shall not apply to a Change of Scope required by the Operator.
Appears in 1 contract
Sources: Operation and Maintenance Agreement