Contractor Changes. If the Contractor wishes to introduce a Contractor Change, it shall serve a notice containing the information required pursuant to paragraph 2 of this Part 5 (a Contractor Notice of Change) on the Authority. The Contractor Notice of Change shall: set out the proposed Contractor Change in sufficient detail to enable the Authority to evaluate it in full; specify the Contractor’s reasons for proposing the Contractor Change; indicate any implications of the Contractor Change, including but not limited to its impact on the Soft Services; indicate what savings, if any, will be generated by the Contractor Change, including: whether a revision of the Unitary Charge is proposed (and, if so, give details of such proposed revision, taking account of paragraph 8 of this Part 5); or whether such savings will be paid by a lump sum; if the Contractor Change is required as a result of a Qualifying Change in Law, indicate what sums, if any, will be payable by the Authority; and contain the information required by clause 59.2 (Qualifying Change in Law ) of the Project Agreement; indicate whether there are any critical dates by which a decision by the Authority is required; and request the Authority to consult with the Contractor with a view to deciding whether to agree to the Contractor Change and, if so, what consequential changes the Authority requires as a result. The Authority shall evaluate the Contractor Notice of Change in good faith, taking into account all relevant issues, including whether: a revision of the Unitary Charge will occur; the Contractor Change may affect the quality of the Services and/or the Works or the likelihood of successful completion of the Works and/or delivery of the Services (or any of them); the Contractor Change will interfere with the relationship of the Authority with third parties; the Contractor Change may affect the quality of the Soft Services and/or increase the cost incurred in the delivery of the Soft Services; the financial strength of the Contractor is sufficient to perform the Works and/or Services after implementation of the Contractor Change; the value and/or life expectancy of any of the Schools and/or Assets is reduced; or the Contractor Change materially affects the risks or costs to which the Authority is exposed. As soon as practicable after receiving the Contractor Notice of Change, the Parties shall meet and discuss the matters referred to in it, including in the case of a Qualifying Change in Law those matters referred to in clause 59.3 (Parties to Discuss) of this Agreement. During discussions, subject to paragraph 9 of this Part 5, the Authority may propose modifications to, or accept or reject, the Contractor Notice of Change. If the Authority accepts the Contractor Notice of Change (with or without modification) the Parties shall consult and agree the remaining details as soon as practicable and upon agreement the Authority shall issue a notice confirming the Contractor Change which shall set out the agreed Contractor Change and: shall enter into any documents to amend this Agreement or any relevant Project Document which are necessary to give effect to the Contractor Change; subject to paragraph 7 of this Part 5, the Unitary Charge shall be revised in accordance with clause 73 (Financial Adjustments); and the Contractor Change shall be implemented within the period specified by the Authority in its notice of acceptance. If the Authority rejects the Contractor Notice of Change, it shall not be obliged to give its reasons for such a rejection and the Contractor shall not be entitled to reimbursement by the Authority of any of its costs involved in the preparation of the Contractor Notice of Change. Unless the Authority’s written acceptance expressly agrees to an increase in the Unitary Charge or that the Contractor should be entitled to relief from any of its obligations, there shall be no increase in the Unitary Charge or relief granted from any obligations as a result of a Contractor Change. If the Contractor Change causes, or will cause, the Contractor’s costs or those of a sub-contractor to decrease, there shall be a decrease in the Unitary Charge such that any cost savings (following deduction of costs reasonably incurred by the Contractor in implementing such Contractor Change) shall be shared on the basis of [50] per cent ([50%]) of the saving being retained by the Contractor and [50] per cent ([50%]) of the saving being paid to the Authority as a lump sum within ten (10) Business Days of agreement or determination or by way of revision of the Unitary Charge pursuant to clause 73 (Financial Adjustments). The Authority shall not reject a Contractor Change that is required in order to conform to a Change in Law. The costs of introducing a Contractor Change resulting from a Qualifying Change in Law (including any resulting revision of the Unitary Charge) shall be dealt with in accordance with clause 59 (Change in Law) and, to the extent not dealt with therein, all costs shall be borne by the Contractor.
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Sources: Project Agreement, Project Agreement, Project Agreement
Contractor Changes. If the Contractor wishes to introduce a change in the Services (“a Contractor Change”), it shall must serve a notice containing the information required pursuant to paragraph 2 of this Part 5 (a “Contractor Notice of Change”) on the Authority. The Contractor Notice of Change shallmust: set out the proposed Contractor Change change to Services in sufficient detail to enable the Authority to evaluate it in full; specify the Contractor’s 's reasons for proposing the Contractor Change; indicate any implications of change to the Contractor Change, including but not limited to its impact on the Soft Services; indicate what savings, if any, will be generated by the Contractor Change, including: whether a revision of the Unitary Charge is proposed (and, if so, give details of such proposed revision, taking account of paragraph 8 of this Part 5); or whether such savings will be paid by a lump sum; if the Contractor Change is required as a result of a Qualifying Change in Law, indicate what sums, if any, will be payable by the Authority; and contain the information required by clause 59.2 (Qualifying Change in Law ) of the Project Agreement; indicate whether there are any critical dates by which a decision by the Authority is required; and request the Authority to consult with the Contractor with a view to deciding whether to agree to the Contractor Change change to the Services and, if so, what consequential changes the Authority requires as a result. ; indicate any implications of the change to the Services; indicate, in particular, whether a variation to the Management Fee is proposed (and, if so, give a detailed cost estimate of such proposed change); and indicate if there are any dates by which a decision by the Authority is critical; The Authority shall evaluate the Contractor Notice of Change in good faith, taking into account all relevant issues, including including, without limitation, whether: a revision of change in the Unitary Charge Management Fee will occur; the Contractor Change may affect change affects the quality of the Services and/or the Works or the likelihood of successful completion of the Works and/or delivery of the Services (or any of them)Services; the Contractor Change change will interfere with the relationship of the Authority with third parties; the Contractor Change may affect the quality of the Soft Services and/or increase the cost incurred in the delivery of the Soft Services; the financial strength of the Contractor is sufficient to perform the Works and/or Services after implementation changed Services; the residual value of the Contractor Change; the value and/or life expectancy of any of the Schools and/or Assets Equipment or Facilities is reduced; or the Contractor Change change materially affects the risks risk or costs to which the Authority is exposed. As soon as practicable after receiving the Contractor Notice of Change, the Parties shall meet and discuss the matters referred to in it, including in the case of a Qualifying Change in Law those matters referred to in clause 59.3 (Parties to Discuss) of this Agreement. During discussions, subject to paragraph 9 of this Part 5, their discussions the Authority may propose modifications toor, subject to Clause 38.5, approve or accept or reject, reject the Contractor Notice of Change. If the Authority accepts approves the Contractor Notice of Change (with or without modification), the implementation of the relevant change to the Services shall be commenced within five (5) Business Days of the Parties Authority's acceptance. Within this period, the parties shall consult and agree the remaining details as soon as practicable and upon agreement the Authority shall issue a notice confirming the Contractor Change which shall set out the agreed Contractor Change and: shall enter into any documents to amend this Agreement or any relevant Project Document which are necessary to give effect to the Contractor Change; subject to paragraph 7 of this Part 5, the Unitary Charge shall be revised in accordance with clause 73 (Financial Adjustments); and the Contractor Change shall be implemented within the period specified by the Authority in its notice of acceptancechange. If the Authority rejects the Contractor Notice of Change, it shall not be obliged to give its reasons for such a rejection and the Contractor shall not be entitled to reimbursement by the Authority of any of its costs involved in the preparation of the Contractor Notice of Changerejection. Unless the Authority’s written 's acceptance expressly specifically agrees to an increase a decrease in the Unitary Charge or that the Contractor should be entitled to relief from any of its obligationsManagement Fee, there shall be no increase decrease in the Unitary Charge or relief granted from any obligations Management Fee as a result of a Contractor Changechange to the Services proposed by the Contractor. If the change to the Services set out in the Contractor Notice of Change causes, causes or will cause, cause the Contractor’s 's costs or those of a subSub-contractor Contractor to decrease, decrease then there shall be a decrease increase in the Unitary Charge Management Fee such that any cost savings (following deduction of the costs reasonably incurred by that the Contractor has incurred in implementing such a change shall be deducted for the benefit of the Contractor Change) and any savings shall be shared on the basis of [50] per cent ([50%]) of the saving being retained by equally between the Contractor and [50] per cent ([50%]) of the saving being paid Authority to reflect the sharing in the decrease in costs 50:50 as to the Authority as a lump sum within ten (10) Business Days of agreement or determination or by way of revision of and the Unitary Charge pursuant to clause 73 (Financial Adjustments). The Authority shall not reject a Contractor Change that is required in order to conform to a Change in Law. The costs of introducing a Contractor Change resulting from a Qualifying Change in Law (including any resulting revision of the Unitary Charge) shall be dealt with in accordance with clause 59 (Change in Law) and, to the extent not dealt with therein, all costs shall be borne by the Contractorrespectively.
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