Lane closure. (a) One of more Lane Closures is deemed to occur when: (i) a Category A requirement is not met; or (ii) a Closure occurs which is requested by the Contractor for the execution of the Works, whereby the number of Lane Closures resulting from a circumstance stated in (i) or (ii) is determined according to the applicable SURYLVLRQV RI WKH ³DYDLODELOLW\ FRQVHTXH (Category A Requirements and Permitted Rectification Periods) in Annex 3 of this Schedule 2 (Payment Mechanism). (b) In derogation from the provisions under (a) a Lane Closure is not deemed to have occurred when: (i) the Category A Requirements are not met due to a Compensation Event as envisaged in (g) of the definition thereof and the Contractor, within twice the Rectification Period (the second Rectification Period in accordance with paragraph 3.5 (f)), has seen to it that the Category A Requirements are again fulfilled. The provisions in paragraph 3.5 (d) and (e) are applicable correspondingly; (ii) the situation in paragraph 2.3 (a) under (i) or (ii) is the result of a Supervening Event that is not a Compensation Event as envisaged under (g) of the definition thereof; (iii) the Category A Requirements are not met and the Contractor requests a Closure that meets the requirements of the procedure provided in the Annex 2 of the Management Specifications (Ad hoc procedure for renewed compliance with Category A Requirements), but: (A) the road manager does not grant permission for the Closure requested. In that case, the Contractor shall be deemed to have submitted a new application for a Closure at the time the road manager gives notice of its refusal, to commence as soon as the road manager next indicates that a Closure may take place. This exception applies as from the time the road manager notifies the Contractor that no permission for the requested Closure is to be given until the next time the road manager indicates a Closure may take place; or (B) the road manager does not indicate within the period laid down in [z]of the Management Specifications (Ad hoc procedure for renewed compliance with the Category A Requirements) whether it grants permission. On expiry of this period, the Contractor is, in that case, deemed to have submitted a new application for a Closure beginning at the time the road manager indicates that the next Closure may take place. This exception is applicable from the end of the period laid down in [z] of the Management Specifications (Ad hoc procedure for renewed compliance with the Category A Requirements) to the time that the road manager indicates a Closure may take place; or (iv) if the Category A Requirement is not met during the first [z] Working Days following the Commencement Date and the Contractor has provided assurance that the Category A Requirement is met once again within twice the time of the Permitted Rectification Period (the second Permitted Rectification Period in accordance with paragraph 3.5 (e)). (c) Lane Closures that take place in the same Traffic Lane within the same Route Section on the same day and in the same Quarter of an Hour are regarded as a single Lane Closure. (d) The time at which the Lane Closure commences is determined as follows: (i) A Lane Closure as referred to in paragraph 2.3 (a) under (i) commences at the earliest of the following times: (A) the time that must be automatically indicated and recorded in the Performance Measurement System as the time when the Category A Requirements were no longer met in accordance with the provisions in [z]; (B) WKH WLPH DW ZKLFK DFFRUGLQJ WR damage and disruption register referred to in [z] of the Management Specifications, the Category A Requirements are no longer met; (C) the time at which the Contractor provides notification as referred to in Req. 00602 of the Management Specifications; (D) the time at which the Contractor reports to the road manager in accordance with in [z] of the Management Specifications (Ad hoc procedure for renewed compliance with the Category A Requirements); or (E) the time at which the Contracting Authority reports a circumstance to the Contractor that demonstrates that the Category A Requirements have not been met; and (ii) in the situation referred to in paragraph 2.3 (a) under (ii) the Lane Closure begins, without prejudice to the provisions of paragraph 2.3 (d) under (i), at the time at which the necessary traffic signalling is activated in accordance with the procedure stipulated in [z] of the Management Specifications, or, if traffic signalling is not yet in place, at the time of the activation of (mobile) traffic measures that implement the physical Closure; and (iii) in the situation as referred to in paragraph 2.3 (b) under (i) and (iv), the Lane Closure commences at the time that the second Permitted Rectification Period expires. (e) The time at which a Lane Closure ends is determined as follows:
Appears in 1 contract
Sources: DBFM Agreement
Lane closure. (a) One of more Lane Closures is deemed to occur when:
(i) a Category A requirement is not met; or
(ii) a Closure occurs which is requested by the Contractor for the execution of the Works, whereby the number of Lane Closures resulting from a circumstance stated in (i) or (ii) is determined according to the applicable SURYLVLRQV RI WKH ³DYDLODELOLW\ FRQVHTXH provisions of the “availability consequence” column of Table 1 (Category A Requirements and Permitted Rectification Periods) in Annex 3 of this Schedule 2 (Payment Mechanism).
(b) In derogation from the provisions under (a) a Lane Closure is not deemed to have occurred when:
(i) the Category A Requirements are not met due to a Compensation Event as envisaged in (g) of the definition thereof and the Contractor, within twice the Rectification Period (the second Rectification Period in accordance with paragraph 3.5 (f)), has seen to it that the Category A Requirements are again fulfilled. The provisions in paragraph 3.5 (d) and (e) are applicable correspondingly;
(ii) the situation in paragraph 2.3 (a) under (i) or (ii) is the result of a Supervening Event that is not a Compensation Event as envisaged under (g) of the definition thereof;
(iii) the Category A Requirements are not met and the Contractor requests a Closure that meets the requirements of the procedure provided in the Annex 2 of the Management Specifications (Ad hoc procedure for renewed compliance with Category A Requirements), but:
(A) the road manager does not grant permission for the Closure requested. In that case, the Contractor shall be deemed to have submitted a new application for a Closure at the time the road manager gives notice of its refusal, to commence as soon as the road manager next indicates that a Closure may take place. This exception applies as from the time the road manager notifies the Contractor that no permission for the requested Closure is to be given until the next time the road manager indicates a Closure may take place; or
(B) the road manager does not indicate within the period laid down in [z]of ⚫]of the Management Specifications (Ad hoc procedure for renewed compliance with the Category A Requirements) whether it grants permission. On expiry of this period, the Contractor is, in that case, deemed to have submitted a new application for a Closure beginning at the time the road manager indicates that the next Closure may take place. This exception is applicable from the end of the period laid down in [z⚫] of the Management Specifications (Ad hoc procedure for renewed compliance with the Category A Requirements) to the time that the road manager indicates a Closure may take place; or
(iv) if the Category A Requirement is not met during the first [z⚫] Working Days following the Commencement Date and the Contractor has provided assurance that the Category A Requirement is met once again within twice the time of the Permitted Rectification Period (the second Permitted Rectification Period in accordance with paragraph 3.5 (e)).
(c) Lane Closures that take place in the same Traffic Lane within the same Route Section on the same day and in the same Quarter of an Hour are regarded as a single Lane Closure.
(d) The time at which the Lane Closure commences is determined as follows:
(i) A Lane Closure as referred to in paragraph 2.3 (a) under (i) commences at the earliest of the following times:
(A) the time that must be automatically indicated and recorded in the Performance Measurement System as the time when the Category A Requirements were no longer met in accordance with the provisions in [z⚫];
(B) WKH WLPH DW ZKLFK DFFRUGLQJ WR the time at which, according to the Contractor’s damage and disruption register referred to in [z⚫] of the Management Specifications, the Category A Requirements are no longer met;
(C) the time at which the Contractor provides notification as referred to in Req. 00602 of the Management Specifications;
(D) the time at which the Contractor reports to the road manager in accordance with in [z⚫] of the Management Specifications (Ad hoc procedure for renewed compliance with the Category A Requirements); or
(E) the time at which the Contracting Authority reports a circumstance to the Contractor that demonstrates that the Category A Requirements have not been met; and
(ii) in the situation referred to in paragraph 2.3 (a) under (ii) the Lane Closure begins, without prejudice to the provisions of paragraph 2.3 (d) under (i), at the time at which the necessary traffic signalling is activated in accordance with the procedure stipulated in [z⚫] of the Management Specifications, or, if traffic signalling is not yet in place, at the time of the activation of (mobile) traffic measures that implement the physical Closure; and
(iii) in the situation as referred to in paragraph 2.3 (b) under (i) and (iv), the Lane Closure commences at the time that the second Permitted Rectification Period expires.
(e) The time at which a Lane Closure ends is determined as follows:
Appears in 1 contract
Sources: DBFM Agreement