Common use of The Estimate Clause in Contracts

The Estimate. The Estimate shall be accompanied by a reasonably detailed breakdown of the manner in which the Estimate is calculated and shall include details of any redundancy costs which are reasonably expected to be incurred by reason of the proposed change together with any information which the Council may reasonably require including without limitation breakdowns of price and supporting material for the purpose of satisfying the Council that the proposed revised price is fair and reasonable. To the extent it is possible to do so the Estimate shall be calculated: using the rates and prices in the Tender Response Document (as they may have been revised in accordance with this Contract); or, where it is not possible to calculate the adjustment using such rates and prices; based on rates and prices that represent the market price current at the date on which the Council Variation Notice is issued. The Estimate shall include a statement of the Provider’s opinion on:- any impact on the provision of the Services; any amendment required to the Contract and/or any Contract Documents as a result of the change in the Services; any capital expenditure that is required or no longer required as a result of the change in the Services. As soon as practicable after the Council receives the Estimate, the Parties shall discuss and attempt to agree the issues set out in the Estimate. In such discussions the Council may: agree the Estimate in which case the Variation shall be implemented in accordance with the Council Variation Notice; or modify the Council Variation Notice in which case the Provider shall as soon as practicable and in any event not more than fourteen (14) days after receipt of such modification, notify the Council of any consequential changes to the Estimate. If the Parties cannot agree on the effects and consequences of the Estimate then the dispute will be resolved in accordance with the Dispute Resolution Procedure. As soon as practicable after the effects and consequences of the Estimate have been agreed or otherwise determined pursuant to Clause 16.10 the Council shall:- confirm in writing the Estimate (as modified) or; withdraw the Council Variation Notice; If the Council does not confirm in writing the Estimate (as it may have been modified) within 30 days of the Estimate being agreed in accordance with Clause 16.9 or determined pursuant to Clause 16.10 above then the Council Variation Notice shall be deemed to have been withdrawn. If the Provider wishes to introduce a Variation to the Services it must serve a notice on the Council (‘the Provider Variation Notice’). The Provider Variation Notice must:- set out the proposed Variation in sufficient detail to enable the Council to evaluate it in full; specify the Provider’s reasons for proposing the Variation; request the Council to consult with the Provider with a view to deciding whether to agree to the Variation and, if so, what consequential changes the Council requires as a result; include an Estimate in accordance with Clause 16.6; indicate if there is any date by which a decision by the Council is critical. As soon as reasonably practicable after the Council receives the Provider Variation Notice the Parties shall meet to discuss the issues in such notice. During such discussions either Party may propose modifications to the proposed Variation. If the Council accepts the Provider Variation Notice (with or without modification) the relevant Variation shall be implemented by any date specified in the Provider Variation Notice or in the event that it is not practicable for any reason to implement the Variation by such date it shall be implemented by such other date as the Parties acting reasonably may agree. If the Council rejects the Provider Variation Notice it shall not be obliged to give its reasons for such a rejection. Unless the Council's acceptance of the Provider’s proposed Variation specifically agrees to an increase in the Prices, there shall be no increase in the Prices as a result of a Variation proposed by the Provider. If the Variation proposed by the Provider causes or will cause the Provider's costs or those of one of its Sub-providers to decrease, there shall be a corresponding decrease in the Prices. Neither Party shall be entitled to reject any Variation which has been proposed to enable the provision of the Services to conform to a change in law.

The Estimate. The Estimate shall be accompanied by a reasonably detailed breakdown of the manner in which the Estimate is calculated and shall include details of any redundancy costs which are reasonably expected to be incurred by reason of the proposed change together with any information which the Council may reasonably require including without limitation breakdowns of price and supporting material for the purpose of satisfying the Council that the proposed revised price is fair and reasonable. To the extent it is possible to do so the Estimate shall be calculated: using the rates and prices in the Tender Response Document (as they may have been revised in accordance with this Contract); or, where it is not possible to calculate the adjustment using such rates and prices; based on rates and prices that represent the market price current at the date on which the Council Variation Notice is issued. The Estimate shall include a statement of the Provider’s opinion on:- any impact on the provision of the Services; any amendment required to the Contract and/or any Contract Documents as a result of the change in the Services; and any capital expenditure that is required or no longer required as a result of the change in the Services. As soon as practicable after the Council receives the Estimate, the Parties shall discuss and attempt to agree the issues set out in the Estimate. In such discussions the Council may: agree the Estimate in which case the Variation shall be implemented in accordance with the Council Variation Notice; or modify the Council Variation Notice in which case the Provider shall as soon as practicable and in any event not more than fourteen ten (1410) days after receipt of such modification, notify the Council of any consequential changes to the Estimate. If the Parties cannot agree on the effects and consequences of the Estimate then the dispute will be resolved in accordance with the Dispute Resolution Procedure. As soon as practicable after the effects and consequences of the Estimate have been agreed or otherwise determined pursuant to Clause 16.10 the Council shall:- shall: confirm in writing the Estimate (as modified) or); or withdraw the Council Variation Notice; . If the Council does not confirm in writing the Estimate (as it may have been modified) within 30 twenty (20) days of the Estimate being agreed in accordance with Clause 16.9 or determined pursuant to Clause 16.10 above then the Council Variation Notice shall be deemed to have been withdrawn. If the Provider wishes to introduce a Variation to the Services it must serve a notice on the Council (‘“the Provider Variation Notice’”). The Provider Variation Notice must:- must: set out the proposed Variation in sufficient detail to enable the Council to evaluate it in full; specify the Provider’s reasons for proposing the Variation; request the Council to consult with the Provider with a view to deciding whether to agree to the Variation and, if so, what consequential changes the Council requires as a result; include an Estimate in accordance with Clause 16.6Clauses 16.6 and 16.7; and indicate if there is any date by which a decision by the Council is critical. As soon as reasonably practicable after the Council receives the Provider Variation Notice the Parties shall meet to discuss the issues in such notice. During such discussions either Party may propose modifications to the proposed Variation. If the Council accepts the Provider Variation Notice (with or without modification) the relevant Variation shall be implemented by any date specified in the Provider Variation Notice or in the event that it is not practicable for any reason to implement the Variation by such date it shall be implemented by such other date as the Parties acting reasonably may agree. If the Council rejects the Provider Variation Notice it shall not be obliged to give its reasons for such a rejection. Unless the Council's acceptance of the Provider’s proposed Variation specifically agrees to an increase in the Prices, there shall be no increase in the Prices as a result of a Variation proposed by the Provider. If the Variation proposed by the Provider causes or will cause the Provider's costs or those of one of its Sub-providers Contractors to decrease, there shall be a corresponding decrease in the Prices. Neither Party shall be entitled to reject any Variation which has been proposed to enable the provision of the Services to conform to a change in law.