Project Changes. 10.1. The Council acknowledges that the Grant Recipient may seek a change to the Specification (and the terms of this Agreement) during the Term to ensure that inter alia: 10.1.1. The design of the Affordable Rented Units and the Fit Out Works are fit for the Agreed Purposes; 10.1.2. The Facility is completed before the Longstop Date; 10.1.3. the Project Aims are being delivered; and/or 10.1.4. The Grant Recipient remains capable of delivering the Project from time to time and the Council shall be entitled to propose changes in accordance with Clause 10.2. 10.2. The Council shall be entitled to request changes to the Affordable Rented Units which are minor in nature and which it regards (acting reasonably) as necessary to ensure that the Affordable Rented Units meet the Agreed Purposes. 10.3. A change to the Project may take the form of one or more (or a combination of) the following: 10.3.1. a change to the Longstop Date; 10.3.2. the anticipated date for Practical Completion; and/or 10.3.3. the Specification. 10.4. Either Party shall notify the other in writing when it becomes aware of circumstances which give rise (in that Party’s opinion (acting reasonably)) to entitle it to request a change to the Project. Any Project Change Notice shall specify the reasons for the proposed change to the Project and describe the proposed nature of the change being sought. 10.5. Save where the parties agree that a meeting is unnecessary a meeting of the Project Group shall be convened as soon as is practicable (but in any event no later than the next scheduled Project Group Meeting) to discuss a Project Change Notice and shall be attended by the same persons as those required (or permitted) to attend Project Group Meetings. 10.6. In determining whether to implement a change to the Project and the substance of that change, the parties shall act in good faith, reasonably and shall take account of: 10.6.1. the Project Aims; 10.6.2. the performance, to date, of the Grant Recipient under the Agreement; 10.6.3. If the progress of the Works is delayed: i. The relevant circumstances of the delay; ii. Details of the part of the Works which are delayed; iii. The length of the expected delay; iv. Any impact on the anticipated Practical Completion Date or the Longstop Date; v. Any measures that the Grant Recipient has taken or is taking to minimise the delay and its effects upon the cost and progress of the Works. 10.6.4. the time and costs associated with implementing the proposals set out in the Project Change Notice (having particular regard to (i) the final date upon which the Affordable Rented Units must reach Practical Completion in order to claim any grant funding from other sources and (ii) the Development Costs submitted to the Financial Expert pursuant to clause 5.2 of this Agreement.) 10.7. Where the Parties are unable to agree whether or not to implement a change or proposal contained in a Project Charge Notice within twenty (20) Business Days of the said notice being submitted, the matter shall be referred for dispute resolution in accordance with clause 17.
Appears in 3 contracts
Sources: Grant Funding Agreement, Grant Funding Agreement, Grant Funding Agreement
Project Changes. 10.111.1. The Council acknowledges that the Grant Recipient may seek a change to the Specification (and the terms of this Agreement) during the Term to ensure that inter alia:
10.1.111.1.1. The design of the Affordable Rented Units and the Fit Out Works are fit for the Agreed Purposes;
10.1.211.1.2. The Facility is completed before the Longstop Date;
10.1.311.1.3. the Project Aims are being delivered; and/or
10.1.411.1.4. The Grant Recipient remains capable of delivering the Project from time to time and the Council shall be entitled to propose changes in accordance with Clause 10.211.2.
10.211.2. The Council shall be entitled to request changes to the Affordable Rented Units which are minor in nature and which it regards (acting reasonably) as necessary to ensure that the Affordable Rented Units meet the Agreed Purposes.
10.311.3. A change to the Project may take the form of one or more (or a combination of) the following:
10.3.111.3.1. a change to the Longstop Date;
10.3.211.3.2. the anticipated date for Practical Completion; and/or
10.3.311.3.3. the Specification.
10.411.4. Either Party shall notify the other in writing when it becomes aware of circumstances which give rise (in that Party’s opinion (acting reasonably)) to entitle it to request a change to the Project. Any Project Change Notice shall specify the reasons for the proposed change to the Project and describe the proposed nature of the change being sought.
10.511.5. Save where the parties agree that a meeting is unnecessary a meeting of the Project Group shall be convened as soon as is practicable (but in any event no later than the next scheduled Project Group Meeting) to discuss a Project Change Notice and shall be attended by the same persons as those required (or permitted) to attend Project Group Meetings.
10.611.6. In determining whether to implement a change to the Project and the substance of that change, the parties shall act in good faith, reasonably and shall take account of:
10.6.111.6.1. the Project Aims;
10.6.211.6.2. the performance, to date, of the Grant Recipient under the Agreement;
10.6.311.6.3. If the progress of the Works is delayed:
i. The relevant circumstances of the delay;
ii. Details of the part of the Works which are delayed;
iii. The length of the expected delay;
iv. Any impact on the anticipated Practical Completion Date or the Longstop Date;
v. Any measures that the Grant Recipient has taken or is taking to minimise the delay and its effects upon the cost and progress of the Works.
10.6.411.6.4. the time and costs associated with implementing the proposals set out in the Project Change Notice (having particular regard to (i) the final date upon which the Affordable Rented Units must reach Practical Completion in order to claim any grant funding from other sources and (ii) the Development Costs submitted to the Financial Expert pursuant to clause 5.2 of this Agreement.)
10.711.7. Where the Parties are unable to agree whether or not to implement a change or proposal contained in a Project Charge Notice within twenty (20) Business Days of the said notice being submitted, the matter shall be referred for dispute resolution in accordance with clause 17.
Appears in 1 contract
Sources: Grant Funding Agreement
Project Changes. 10.1. The Council acknowledges that the Grant Recipient may seek a change to the Specification (and the terms of this Agreement) during the Term to ensure that inter alia:
10.1.1. : The design of the Affordable Rented Units and the Fit Out Works are fit for the Agreed Purposes;
10.1.2. ; The Facility is completed before the Longstop Date;
10.1.3. ; the Project Aims are being delivered; and/or
10.1.4. and/or The Grant Recipient remains capable of delivering the Project from time to time and the Council shall be entitled to propose changes in accordance with Clause 10.2.
10.2. The Council shall be entitled to request changes to the Affordable Rented Units which are minor in nature and which it regards (acting reasonably) as necessary to ensure that the Affordable Rented Units meet the Agreed Purposes.
10.3. A change to the Project may take the form of one or more (or a combination of) the following:
10.3.1. : a change to the Longstop Date;
10.3.2. ; the anticipated date for Practical Completion; and/or
10.3.3. and/or the Specification.
10.4. Either Party shall notify the other in writing when it becomes aware of circumstances which give rise (in that Party’s opinion (acting reasonably)) to entitle it to request a change to the Project. Any Project Change Notice shall specify the reasons for the proposed change to the Project and describe the proposed nature of the change being sought.
10.5. Save where the parties agree that a meeting is unnecessary a meeting of the Project Group shall be convened as soon as is practicable (but in any event no later than the next scheduled Project Group Meeting) to discuss a Project Change Notice and shall be attended by the same persons as those required (or permitted) to attend Project Group Meetings.
10.6. In determining whether to implement a change to the Project and the substance of that change, the parties shall act in good faith, reasonably and shall take account of:
10.6.1. : the Project Aims;
10.6.2. ; the performance, to date, of the Grant Recipient under the Agreement;
10.6.3. ; If the progress of the Works is delayed:
i. : The relevant circumstances of the delay;
ii. ; Details of the part of the Works which are delayed;
iii. ; The length of the expected delay;
iv. ; Any impact on the anticipated Practical Completion Date or the Longstop Date;
v. ; Any measures that the Grant Recipient has taken or is taking to minimise the delay and its effects upon the cost and progress of the Works.
10.6.4. the time and costs associated with implementing the proposals set out in the Project Change Notice (having particular regard to (i) the final date upon which the Affordable Rented Units must reach Practical Completion in order to claim any grant funding from other sources and (ii) the Development Costs submitted to the Financial Expert pursuant to clause 5.2 of this Agreement.)
10.7. ) Where the Parties are unable to agree whether or not to implement a change or proposal contained in a Project Charge Notice within twenty (20) Business Days of the said notice being submitted, the matter shall be referred for dispute resolution in accordance with clause 17.
Appears in 1 contract
Sources: Grant Funding Agreement
Project Changes. 10.1. The Council acknowledges that the Grant Recipient may seek a change to the Specification (and the terms of this Agreement) during the Term to ensure that inter alia:
10.1.1. The design of the Affordable Rented Housing Units and the Fit Out Works are fit for the Agreed Purposes;
10.1.2. The Facility is completed before the Longstop Date;
10.1.3. the Project Aims are being delivered; and/or
10.1.4. The Grant Recipient remains capable of delivering the Project from time to time and the Council shall be entitled to propose changes in accordance with Clause 10.2.
10.2. The Council shall be entitled to request changes to the Affordable Rented Housing Units which are minor in nature and which it regards (acting reasonably) as necessary to ensure that the Affordable Rented Housing Units meet the Agreed Purposes.
10.3. A change to the Project may take the form of one or more (or a combination of) the following:
10.3.1. a change to the Longstop Date;
10.3.2. the anticipated date for Practical Completion; and/or
10.3.3. the Specification.
10.4. Either Party shall notify the other in writing when it becomes aware of circumstances which give rise (in that Party’s opinion (acting reasonably)) to entitle it to request a change to the Project. Any Project Change Notice shall specify the reasons for the proposed change to the Project and describe the proposed nature of the change being sought.
10.5. Save where the parties agree that a meeting is unnecessary a meeting of the Project Group shall be convened as soon as is practicable (but in any event no later than the next scheduled Project Group Meeting) to discuss a Project Change Notice and shall be attended by the same persons as those required (or permitted) to attend Project Group Meetings.
10.6. In determining whether to implement a change to the Project and the substance of that change, the parties shall act in good faith, reasonably and shall take account of:
10.6.1. the Project Aims;
10.6.2. the performance, to date, of the Grant Recipient under the Agreement;
10.6.3. If the progress of the Works is delayed:
i. The relevant circumstances of the delay;
ii. Details of the part of the Works which are delayed;
iii. The length of the expected delay;
iv. Any impact on the anticipated Practical Completion Date or the Longstop Date;
v. Any measures that the Grant Recipient has taken or is taking to minimise the delay and its effects upon the cost and progress of the Works.
10.6.4. the time and costs associated with implementing the proposals set out in the Project Change Notice (having particular regard to (i) the final date upon which the Affordable Rented Housing Units must reach Practical Completion in order to claim any grant funding from other sources and (ii) the Development Costs submitted to the Financial Expert pursuant to clause 5.2 of this Agreement.)
10.7. Where the Parties are unable to agree whether or not to implement a change or proposal contained in a Project Charge Notice within twenty (20) Business Days of the said notice being submitted, the matter shall be referred for dispute resolution in accordance with clause 17Clause 16.
Appears in 1 contract
Sources: Grant Funding and Delivery Agreement