Common use of Deemed Variation Clause in Contracts

Deemed Variation. (a) Upon the occurrence of a Deemed Variation, the Operator shall, within five (5) Business Days of its occurrence: (i) notify the Authority of the occurrence of such Deemed Variation; and (ii) where it is a Deemed Variation: (A) falling within paragraph (a) of its definition, confirm to the Authority details of the annual cost, as detailed in paragraph 20.7.1 of Schedule 20 (Contract Charges and Indexation), of the Commencement Transferring Employee(s) the subject of the Deemed Variation; (B) falling within paragraph (b) of its definition or paragraph (d) of its definition, confirm to the Authority details of the costs incurred (or to be incurred) by the Operator arising from the Discriminatory Change of Law or the entry into of the Novation Agreement; or (C) falling within paragraph (c) of its definition and it relates to the annual cost of Specified Employees, confirm to the Authority details of the annual cost, as set out in paragraph 20.7.1 of Schedule 20 (Contract Charges and Indexation), immediately before the introduction or modification of the Sectoral Employment Order, of the Specified Employees. (b) Upon receipt of the information contemplated by clause 29.3(a) and provided the notice satisfies the requirements of paragraph 23.8.1 of Schedule 23 (Variations), the Authority shall treat such as an Operator Variation Notice in respect of the Deemed Variation for the purposes of Schedule 23 (Variations). (c) Schedule 23 (Variations) applies to each Deemed Variation. (d) The amount payable in respect of each Reporting Period in connection with a Deemed Variation falling within paragraph (a) of its definition is, if (i) is greater than (ii), the difference between: (i) the annual cost of the Commencement Transferring Employee(s) is the subject of the Deemed Variation failing to be paid in such Reporting Period; and (ii) the annual cost of an equivalent employee failing to be paid in such Reporting Period. (e) The amount payable in connection with a Deemed Variation falling within paragraph (b) or paragraph (d) of its definition is the costs incurred (or to be incurred) by the Operator arising from the Discriminatory Change of Law or the entry into of the Novation Agreement. (f) The amount payable in respect of each Reporting Period in connection with the Deemed Variation falling within paragraph (c) of its definition is, if (i) is greater than

Appears in 2 contracts

Sources: Public Service Contract, Public Service Contract