Common use of Increased Monitoring Clause in Contracts

Increased Monitoring. If, following any viewing, visit or inspection made by the Authority, it is discovered that there are defects in the Works or that the Contractor has materially failed to comply with the Facilities Output Specification or the Construction Proposals, the Authority may (without prejudice to any other right or remedy available to it) by notice to the Contractor increase the level of its monitoring of the Contractor until such time as the Contractor shall have demonstrated to the reasonable satisfaction of the Authority that it is capable of performing and will perform all its obligations under this Agreement. Damage Subject to clause 65.14 (Claims), if the Authority or an Authority Related Party causes material damage to the Site in exercising any right under this clause 19 (Monitoring and Inspection), then such damage shall be deemed to be a Compensation Event. NOTIFICATION OF ICT HANDOVER, SERVICES AVAILABILITY [AND/OR ACCEPTANCE OF POST COMPLETION WORKS] Inspection of a School The Contractor shall give the Schools’ Representatives (in respect of the relevant School) and give the Authority and the Independent Certifier (in respect of all Schools) not less than five (5) Business Days' notice of the date when it proposes to inspect a School with a view to achieving: the issue of the ICT Handover Certificate in respect of the relevant School; and/or the issue of the Acceptance Certificate in respect of the relevant School; and/or [the issue of the Post Completion Works Acceptance Certificate in respect of the relevant School;], and on such dates the Independent Certifier shall inspect the School and representatives from the Authority and the Contractor and the Senior Lender and the School’s Representative in respect of the relevant School and the ICT Installer shall be entitled to make a joint inspection with the Independent Certifier. Dates on which ICT Handover may occur The ICT Handover Date for a School shall be the date on which the ICT Handover Acceptance Certificate is issued in respect of the School, provided that if the ICT Handover Acceptance Certificate is not issued by the Planned ICT Handover Date, it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before the first day of the Half Term (other than the Summer Half Term) or Term commencing after the Planned ICT Handover Date, and, if not issued by that date, it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before any subsequent start of Half Term (other than the Summer Half Term) or Term. Dates on which Services Availability may occur The Services Availability Date for any School shall be the date on which an Acceptance Certificate is issued in respect of that School, provided that: if an Acceptance Certificate is issued prior to the Planned Services Availability Date for that School, the Services Availability Date shall be the Planned Services Availability Date; if an Acceptance Certificate is not issued by the Planned Services Availability Date, it shall not thereafter be issued until the fifth (5th) Business Day before the first day of the Half Term (other than the Summer Half Term) or Term commencing after the Planned Services Availability Date, and, if not issued by that date, it shall not thereafter be issued until the fifth (5th) Business Day before any subsequent start of Half Term (other than the Summer Half Term) or Term; and the Acceptance Certificate shall not be issued any less than twenty Business Days after the issue of the ICT Handover Acceptance Certificate. Post Completion Works/Site Clearance122 [Subject to clauses 20.4.2 and 20.4.3 following issue of an Acceptance Certificate in respect of a School, the Contractor shall or shall procure that the Building Contractor shall [carry out the Post Completion Works at the Site relating to such School so that such Post Completion Works are completed by the relevant Planned Post Completion Works Acceptance Date provided that: where the Post Completion Works Acceptance Certificate has not been issued by the Planned Post Completion Works Acceptance Date the Authority shall be entitled to levy liquidated and ascertained damages in respect of each calendar week (or part thereof) that elapses after the Planned Post Completion Works Acceptance Date up to and including the date that a Post Completion Works Acceptance Certificate is issued for the following amounts: For the first calendar week following the Planned Post Completion Works Acceptance Date (the First Week) £[INSERT FIGURE]123 For each subsequent week (or part thereof) following the First Week An increase of £[INSERT FIGURE]124 on all amounts prevailing at the end of the immediately preceding week and after the date that falls [INSERT NUMBER OF DAYS] after the Planned Post Completion Works Acceptance Date the Authority shall be entitled to employ an alternative contractor to carry out the Post Completion Works and shall be entitled to be reimbursed by the Contractor for all costs properly and reasonably incurred in the carrying out of any such Post Completion Works. Where the Authority employs an alternative contractor to carry out any Post Completion Works in accordance with clause 20.4.1.2 it shall cease to have the right to levy liquidated damages in accordance with clause 20.4.1.1 once a reasonable period of time for completing the relevant Post Completion Works (having regard to the nature and extent of the relevant Post Completion Works outstanding and the programme for carrying out of such Post Completion Works by the Authority’s alternative contractor) has expired. For the avoidance of doubt clause 20.4.1 and clause 20.4.2 shall be the Authority’s sole remedy in connection with any delays to the completion of the Post Completion Works and the Authority shall not be entitled to levy any Deductions under Schedule 6 (Payment Mechanism) in relation to any Areas which are subject to Post Completion Works prior to the Post Completion Works Acceptance Date. 125] [Following issue of an Acceptance Certificate in respect of a School, the Contractor shall or shall procure that the Building Contractor shall clear from the relevant Site to the reasonable satisfaction of the Authority all temporary structures and equipment, rubbish and all building and surplus material, and in default the Authority shall be entitled to employ an alternative contractor to clear them and shall be entitled to be reimbursed by the Contractor for any costs reasonably incurred in clearing or procuring the clearing of them provided that the Authority shall not be entitled to exercise such right for a period of one (1) week following the date of the Acceptance Certificate for that School.] Independent Certifier The Independent Certifier's Deed of Appointment specifies the duties of the Independent Certifier owed to the Authority and the Contractor. Issue of ICT Handover Acceptance Certificate, Acceptance Certificate or notice of Non Completion Within five (5) Business Days of any inspection referred to in clause 20.1 (Inspection of a School) to determine whether the ICT Handover, or Services Availability [or completion of the Post Completion Works] (as the case may be) has been achieved in relation to a School the Independent Certifier shall: issue an ICT Handover Acceptance Certificate confirming that he is satisfied that the ICT Handover Requirements have been met in respect of the relevant School; issue an Acceptance Certificate confirming that he is satisfied that the Services Availability Requirements have been met in respect of the relevant School; or [issue a Post Completion Works Acceptance Certificate confirming that he is satisfied that the relevant Post Completion Works Acceptance Requirements have been met in respect of the relevant School; or] issue a notice stating that the ICT Handover Acceptance Certificate, the Acceptance Certificate [or the Post Completion Works Acceptance Certificate (as the case may be)] has not been issued and specifying any outstanding matters that must be attended to before an ICT Handover Acceptance Certificate, an Acceptance Certificate [or a Post Completion Works Acceptance Certificate (as the case may be)] can be issued in respect of the relevant School, provided that, if the ICT Handover Requirements, the Services Availability Requirements [or the Post Completion Works Acceptance Requirements] have been met, the Independent Certifier shall issue an ICT Handover Acceptance Certificate, an Acceptance Certificate [or Post Completion Works Acceptance Certificate (as the case may be)] in respect of a School notwithstanding that there are Snagging Items in respect of the School. The Parties shall procure that where the Independent Certifier reasonably considers that in relation to a School the ICT Handover Requirements, the Services Availability Requirements for that School [or the relevant Post Completion Works Acceptance Requirements (as the case may be)] have not been met it shall immediately following its inspection pursuant to clause 20.1 (Inspection of a School) issue to the Authority and the Contractor a notice (a Notice of Non Completion) detailing all outstanding matters which are required to be attended to before the relevant School can be considered to have met the ICT Handover Requirements, the Services Availability Requirements for that School [or the relevant Post Completion Works can be considered to have met the relevant Post Completion Works Acceptance Requirements (as the case may be)]. Following receipt of a Notice of Non Completion the Contractor shall attend to such matters and shall give the Authority and the Independent Certifier further notice in accordance with clause 20.1 (but dealing only with matters raised in the Notice of Non Completion and with a notice period of no less than twenty-four (24) hours for the purposes of clause 20.1 (Inspection of a School)) so that the procedures in clause 20.6.1 are repeated as often as necessary to ensure that all outstanding matters in relation to the relevant School are attended to and the ICT Handover Acceptance Certificate, the Acceptance Certificate [or a Post Completion Works Acceptance Certificate] (as the case may be)] can be issued in accordance with clause 20.6.1.1 or clause 20.6.1.2 or clause 20.6.1.3. Effect of Issue of ICT Handover Acceptance Certificate, Acceptance Certificate [or Post Completion Works Acceptance Certificate] The issue of an ICT Handover Acceptance Certificate, an Acceptance Certificate [or Post Completion Works Acceptance Certificate] shall, in the absence of manifest error, bad faith or fraud, indicate for the purpose of ascertaining the ICT Handover Date or the Services Availability Date [or the Post Completion Works Acceptance Date (as applicable)] that the relevant School is in compliance with the ICT Handover Requirements or the Services Availability Requirements [(or that the relevant Post Completion Works are in accordance with the Post Completion Works Acceptance Requirements (as the case may be))] and, without prejudice to the right of either Party to make a claim under the Independent Certifier’s Deed of Appointment, shall in no way lessen or affect the other obligations of the Contractor under this Agreement in relation to that School or any other part of the Works or the Services or signify the Authority's approval of the means of delivery of the Services, and the Contractor shall pursuant to clause 20.8 (Snagging Items) following the date of issue of the ICT Handover Acceptance Certificate or Acceptance Certificate carry out and complete such (if any) of the items on the Snagging List as have not been so completed on the date of issue of the ICT Handover Acceptance Certificate/Acceptance Certificate [or Post Completion Works Acceptance Certificate]. Snagging Items In the event that an ICT Handover Acceptance Certificate, an Acceptance Certificate [or Post Completion Works Acceptance Certificate] for a School is expressed to be subject to Snagging Items: the Independent Certifier shall within five (5) Business Days of the issue of the relevant ICT Handover Acceptance Certificate, Acceptance Certificate [or Post Completion Works Acceptance Certificate] issue to the Contractor and the Authority a list of the relevant Snagging Items for that School (the Snagging List). Within five (5) Business Days of receipt from the Independent Certifier of the Snagging List the Contractor shall provide to the Authority and the Independent Certifier a reasonable programme for making good each Snagging Item set out in the Snagging List provided that such programme shall require that each Snagging Item shall be made good within twenty (20) Business Days of the date of provision of that programme or within such time as is reasonably practicable and, where the Snagging List has been issued following the issue of the ICT Handover Acceptance Certificate, so that rectification of such Snagging Items does not interfere with the ICT Installer acting in accordance with clause 11.9. The Parties shall seek to agree such programme and in default of agreement shall refer the matter for determination under the Dispute Resolution Procedure. Any programme agreed or determined in accordance with this clause 20.8 shall be known as the Snagging Programme; and the Contractor shall procure that each Snagging Item is made good in accordance with the Snagging Programme to the satisfaction of the Independent Certifier. If any Snagging Item has not been rectified by the date set out in the Snagging Programme then the Authority shall be entitled to effect such repairs as may be necessary and recover the costs of doing so from the Contractor as a debt.