Common use of Contractor Response Clause in Contracts

Contractor Response. Subject to paragraph 2 (Limits on Changes) of Part 1 (General Provisions) of this Change Protocol, within the period specified in the Authority Change Notice (or a further 10 days if the Contractor requests the same because Senior Lender due diligence is required or such other period as the parties may agree), the Contractor shall provide the Authority with a Contractor Response which shall include (where applicable) the following information: a detailed programme for the design, Authority review of the design, construction and/or installation of the Medium Value Change (including the procuring of any Consents); a detailed programme for commissioning and implementing any change in, or addition to the Services, including the provision and/or training of any staff; the proposed method of certification of any construction or operational aspects of the Medium Value Change if not covered by the procedures set out in this Contract; the proposed consultants, sub-contractors and suppliers the Contractor intends to appoint to process the Medium Value Change; details of any impact of the Medium Value Change on the carrying out of the Works or the provision of the Services and in particular, details of any relief from compliance with any obligations of this Contract required during the implementation of the Medium Value Change; any Estimated Change in Project Costs that result from the Medium Value Change, taking into account any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; where the Authority has specified in the Authority Change Notice that the Contractor shall raise finance for the Authority Change, the steps the Contractor has or will take to secure such finance; any Third Party Costs (approved in accordance with paragraph 1.2(i) of Part 3 (Medium Value Changes)) and the details of the third-party activity that will be incurred in providing the Contractor Response including (where applicable pursuant to paragraph 6 (Due Diligence) of Part 1 (General Provisions)) of this Change Protocol the anticipated cost of the Senior Lender carrying out due diligence (which shall be a capped sum) together with a proposed process for approval of such costs by the Authority before they are incurred;160 and any amendment to this Contract or any Ancillary Document or any Financing Agreement required as a result of the Medium Value Change. In calculating the Estimated Change in Project Costs (including the Whole Life Costs) and/or Capital Expenditure the Contractor shall ensure that: any professional fees, contingencies, overheads and/or profit margins charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision shall be the equivalent rates set out in Part 3 of Appendix 2 of this Change Protocol. If the Contractor can demonstrate to the reasonable satisfaction of the Authority that the fees, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 of Appendix 2 of this Change Protocol, then the Authority shall agree to amend the rates set out in Part [3] of Appendix 2 of this Change Protocol to reflect current market rates; the value of any Medium Value Change other than in respect of those matters in 2.2(a) above shall be calculated by reference to fair, reasonable and comparable market rates.

Contractor Response. 2.1. Subject to paragraph 2 (Limits on Changes) of Part 1 (General Provisions) of this Change Protocol, within the period specified in the Authority Change Notice (or a further 10 days if the Contractor requests the same because Senior Lender due diligence is required or such other longer period as the parties may agreeagree ), the Contractor shall provide the Authority with a Contractor Response which shall include (where applicable) the following information: : (a) a detailed programme for the design, Authority review of the design, construction and/or installation of the Medium Value Change (including the procuring of any Consents); ; (b) a detailed programme for commissioning and implementing any change in, or addition to the Services, including the provision and/or training of any staff; ; (c) the proposed method of certification of any construction or operational aspects of the Medium Value Change if not covered by the procedures set out in this Contract; . (d) the proposed consultants, sub-contractors and suppliers the Contractor intends to appoint to process the Medium Value Change; ; (e) details of any impact of the Medium Value Change on the carrying out of the Works or the provision of the Services and in particular, details of any relief from compliance with any obligations of this Contract required during the implementation of the Medium Value Change; ; (f) any Estimated Change in Project Costs that result from the Medium Value Change, taking into account any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; ; (g) where the Authority has specified in the Authority Change Notice that the Contractor shall raise finance for the Authority Change, the steps the Contractor has or will take to secure such finance; ; (h) an estimate of the loss of or increase to Third Party Income that may result from the Change; (i) an estimate of any Third Party Costs (approved in accordance with paragraph 1.2(i) of Part 3 (Medium Value Changes)) and the details of the third-party activity that will be incurred in providing the Contractor Response including (where applicable pursuant to paragraph 6 (Due Diligence) of Part 1 (General Provisions)) of this Change Protocol the anticipated cost of the Senior Lender carrying out due diligence (which shall be a capped sum) together with a proposed process for approval of such costs by the Authority before they are incurred;160 and incurred; and (j) any amendment to this Contract or Contract, and Project Document and/or any Ancillary Document or any Financing Agreement required as a result of the Medium Value Change. . (k) In calculating the Estimated Change in Project Costs (including the Whole Life Costs) and/or Capital Expenditure the Contractor shall ensure that: : (l) any professional fees, contingencies, overheads and/or profit margins charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision shall be the equivalent rates set out in Part 3 of Appendix 2 1 of this Change Protocol. If the Contractor can demonstrate to the reasonable satisfaction of the Authority that the fees, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 of Appendix 2 1 of this Change Protocol, then the Authority shall agree to amend the rates set out in Part [3] of Appendix 2 1 of this Change Protocol to reflect current market rates; ; (m) the value of any Medium Value Change other than in respect of those matters in 2.2(a3.2(a) above shall be calculated by reference to fair, reasonable and comparable market rates.

Contractor Response. Subject to paragraph 2 Within five (Limits on Changes5) Business Days of Part 1 (General Provisions) receipt of this the Low Value Change Protocol, within the period specified in the Authority Change Notice (or a further 10 days if the Contractor requests the same because Senior Lender due diligence is required or such other period as the parties may agree)Request, the Contractor shall in writing provide a fixed price for implementing the Authority with a Contractor Response required Low Value Change which shall include (where applicable) the following information: a detailed programme for the design, Authority review of the design, construction and/or installation of the Medium Value Change (including the procuring of any Consents); a detailed programme for commissioning and implementing any change in, or addition to the Services, including the provision and/or training of any staff; the proposed method of certification of any construction or operational aspects of the Medium Value Change if not covered by the procedures set out in this Contract; the proposed consultants, sub-contractors and suppliers the Contractor intends to appoint to process the Medium Value Change; details of any impact of the Medium Value Change on the carrying out of the Works or the provision of the Services and in particular, details of any relief from compliance with any obligations of this Contract required during the implementation of the Medium Value Change; any Estimated Change in Project Costs that result from the Medium Value Change, taking into account any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; where the Authority has specified in the Authority Change Notice that the Contractor shall raise finance for the Authority Change, the steps the Contractor has or will take to secure such finance; any Third Party Costs (approved be calculated in accordance with paragraph 1.2(i) of Part 3 (Medium Value Changes)) and the details of the third-party activity that will be incurred in providing the Contractor Response including (where applicable pursuant to paragraph 6 (Due Diligence) of Part 1 (General Provisions)) 2.2 of this Change Protocol the anticipated cost of the Senior Lender carrying out due diligence (which shall be a capped sum) together with a proposed process for approval of such costs by the Authority before they are incurred;160 and any amendment to this Contract or any Ancillary Document or any Financing Agreement required as a result of the Medium Value Change. In calculating the Estimated Change in Project Costs (including the Whole Life Costs) and/or Capital Expenditure the Contractor shall ensure that: any professional fees, contingencies, overheads and/or profit margins charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision shall be the equivalent rates set out in Part 3 of Appendix 2 of this Change Protocol. If the Contractor can demonstrate to the reasonable satisfaction of the Authority that the fees, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 of Appendix 2 of this Change Protocol, then the Authority shall agree to amend the rates set out in Part [3] of Appendix 2 of this Change Protocol to reflect current market rates; the value together with a period for completion or implementation. The cost of implementing any Medium Low Value Change other than shall be calculated on the basis that: wherever practicable the Contractor shall procure that such works are carried out by an existing on-site and suitably qualified employee of a Sub-Contractor and no labour element shall be charged to the Authority in respect of those matters in 2.2(a) above such works. Where the Low Value Change cannot be carried out by an existing on-site and suitably qualified employee of a Sub-Contractor without overtime being payable, the cost of the labour element shall be calculated by reference in accordance with the Small Works Rates or, where such rates are not applicable, in accordance with rates which are fair and reasonable; and the materials element shall be charged at the cost of materials to fairthe Contractor or to the contractor carrying out the work (net of all discounts) and there shall be no management fee, reasonable margin, overhead, contingency or other cost applied to such costs. The Contractor shall make no additional charge to the Authority for processing, implementing or managing a Low Value Change [unless the number of Low Value Changes in any Contract Year exceeds [ ]157. Any Low Value Changes in excess of this limit, shall be charged at a fee of £[50] (indexed) for each subsequent [ ]158 Change]. The Authority may, within five (5) Business Days of receipt, object in writing to the Contractor's response given pursuant to paragraph 2.1 of this Part 2 of this Change Protocol and comparable market ratesin such circumstances the parties shall act reasonably to agree, as soon as practicable, how the Low Value Change is to be priced and/or implemented. If the parties cannot agree the Low Value Change, the Authority may withdraw the Low Value Change Request or (if the Authority chooses) carry out the Low Value Change itself or refer the matter to the Dispute Resolution Procedure [in which case paragraph 4.3 of this Part 2 of this Change Protocol shall apply].