Common use of Additional works and Services Clause in Contracts

Additional works and Services. 16.1. During the preparation of the Tender, the Investor planned and evaluated in the Tender all works, services, and actions, required for the performance of the obligations set out in the Agreement, and the achievement of the results, as well as reflected this evaluation in the Financial activity model. In order to avoid doubts the Parties declare that obligations of the Private partner, specified in the Agreement, in their essence match the obligations of a contractor/contractor general assumed under the turnkey type agreements of construction contracting, i.e. such construction contracting agreements, under which the contractor must perform clearly specified works and actions, as well as those that are not clearly specified, which are required for the performance of Works and actions and the achievement of the results specified in the Agreement. 16.2. If it occurs that Additional work and/or services are required, such Additional works and / or Services may be performed and are paid for only if such Additional works and / or services are agreed upon in writing with the Public partner, and if the Investments of the Private partner (in case of Additional works) or costs (in the case of additional services) increase due to such Additional works and/or services, where applicable, taking into account savings due to the part of the Works or Services the performance of which are no longer required due to the Additional works and / or services 16.3. Additional works and / or services may only be initiated by the Public partner. The Private Partner has the right to inform the Public partner about the need for Additional works and / or services. 00.0. Xx order to agree upon the Additional works and/or services, the Public partner presents to the Private partner the motivated proposal regarding their necessity. The Additional works and services are formalized by concluding the agreement, specifying the names, units, amounts of the Additional works and/or services, as well as arguments for the necessity of Additional works and/or services, and technical solutions (drawings, etc.). (in case of works), or specifications (in case of services), also setting the prices, or substantiation of rates. The agreement for Additional works and/or services, prices thereof and terms of payment must be signed by the Public partner and the Private partner, and is deemed an integral part of the Agreement. If the Private partner fails to provide a motivated refusal for the consent or refusal to carry out Additional works and/or provide additional services within the timeframe set in the motivated proposal of the Public partner, or unreasonably delays signing the agreement, the proposal for the Public partner and/or services is deemed cancelled. In such case, the Public partner may purchase Additional works and / or services from other legal entities in accordance with the procedure established in the legislation. The extension of the timeframes for the carrying out of Works and/or provision of Services (if such extension of timeframes is necessary) must also be resolved in the agreement specified in this paragraph. The performance of the Additional works or provision of Additional services may commence immediately after the signing of the agreement on the Additional works and/or services. If Additional Works and / or Services are procured from third parties, the Public partner undertakes to coordinate schedules of such Additional works and / or services with the Public Partner, as well as to take all measures to ensure that such third parties comply with the safety requirements of the work and do not interfere with the Public Partner's performance of the Works. 16.5. Expenses of the provision of additional works or service provision must be calculated according to the Pricing rules determination methodology approved by the order No. 1S-104 of the Director of the Public Procurement Office of 29 June 2017 (or its other relevant version or of the methodology that replaces it, valid at the time of the conclusion or performance of the Agreement). 16.6. The Private partner will take all reasonably practicable steps to ensure the financing of Additional works and / or services on terms acceptable to him and the Funder or Another loan provider. If the Private partner is not in a position to ensure financing for Additional works and / or services, the Public partner and the Private partner shall agree in writing the appropriate schedule for the payment for such Additional works and / or services, or forfeits such Additional works and / or services 16.7. If the Public partner and the Private partner do not agree on the financing of the Additional works and / or services as specified in the paragraph 16.6 of the Agreement, the Public partner has the right to purchase Additional works and / or services from other economic entities in accordance with the terms of legislation. 16.8. In any case, the total value of the Additional works and / or services, purchased from the Private partner in accordance with the procedure specified in this paragraph 16 throughout the term of Agreement may not exceed 50 percent of the initial value of the Agreement

Additional works and Services. 16.1. During the preparation of the Tender, the Investor planned must have anticipated in advance and evaluated evaluate in the Tender all works, services, and actions, required for the performance of the obligations set out in the Agreement, and the achievement of the results, as well as to reflected this evaluation in the Financial activity model. In order to avoid doubts the Parties declare that obligations of the Private partnerConcessionaire, specified in the Agreement, in their essence match the obligations of a contractor/contractor general assumed under the turnkey type agreements of construction contracting, i.e. such construction contracting agreements, under which the contractor must perform clearly specified works and actions, as well as those that are not clearly specified, which are required for the performance of Works and actions and the achievement of the results specified in the Agreement. 16.2. If it occurs that there is a need for Additional work and/or services are requiredworks or services, such Additional works and / or Services services may be performed carried out and are paid for only if this is not in conflict with the legislation of the Republic of Lithuania and such Additional works and / or services are agreed upon coordinated in writing with the Public partner, and if the Investments of the Private partner (in case of Additional works) or costs (in the case of additional services) increase due to such Additional works and/or services, where applicable, taking into account savings due to the part of the Works or Services the performance of which are no longer required due to the Additional works and / or servicesConcessionaire. 16.3. Additional works and / or services may only be initiated by the Public partnerGranting institution. The Private Partner Concessionaire has the right to inform the Public partner Granting institution about the need for Additional works and / or services. 00.016.4. Xx In order to agree upon the Additional additional works and/or or services, the Public partner Granting institution presents to the Private partner Concessionaire the motivated proposal regarding their necessity. The Additional works and services are formalized by concluding the agreement, specifying the names, units, amounts of the Additional works and/or services, as well as arguments for the necessity of Additional works and/or services, and technical solutions (drawings, etc.). (in case of works), or specifications (in case of services), also setting the prices, or substantiation of rates. The agreement for Additional works and/or services, prices thereof and terms of payment must be signed by the Public partner Granting institution and the Private partnerConcessionaire, and is deemed an integral part of the Agreement. If the Private partner Concessionaire fails to provide a motivated refusal for the consent or refusal to carry out Additional works and/or provide additional services within the timeframe set in the motivated proposal of the Public partnerGranting institution, or unreasonably delays signing the agreement, the proposal for the Public partner Additional works and/or services is deemed cancelled. In such case, the Public partner Granting institution may purchase Additional works and / or services from other legal entities in accordance with the procedure established in the legislation. The extension of the timeframes for the carrying out of Works and/or provision of Services (if such extension of timeframes is necessary) must also be resolved in the agreement specified in this paragraph. The performance of the Additional works or provision of Additional services may commence immediately after the signing of the agreement on the Additional works and/or services. If Additional Works and / or Services are procured from third parties, the Public partner Granting institution undertakes to coordinate schedules of such Additional works and / or services with the Public PartnerConcessionaire, as well as to take all measures to ensure that such third parties comply with the safety requirements of the work and do not interfere with the Public PartnerConcessionaire's performance of the Works. 16.5. Expenses of the provision of additional works or service provision must be calculated according to the Pricing rules determination methodology approved by the order No. 1S-104 of the Director of the Public Procurement Office of 29 June 2017 (or its other relevant version or of the methodology that replaces it, valid at the time of the conclusion or performance of the Agreement). 16.6. The Private partner Concessionaire will take all reasonably practicable steps to ensure secure the financing of funding for Additional works and / or services Services on terms acceptable to him and the Funder or Another loan provider. If the Private partner Concessionaire is not in a position to ensure financing for Additional works and / or services, the Public partner Granting institution and the Private partner Concessionaire shall agree in writing the appropriate schedule for the payment for such Additional works and / or services, or forfeits such Additional works and / or services. 16.7. If the Public partner Granting institution and the Private partner Concessionaire do not agree on the financing of the Additional works and / or services as specified in the paragraph 16.6 of the Agreement, the Public partner Granting institution has the right to purchase Additional works and / or services from other economic entities in accordance with the terms of legislation. 16.8. In any case, the total value of the Additional works and / or services, purchased from the Private partner Concessionaire in accordance with the procedure specified in this paragraph 16 throughout the term of Agreement may not exceed 50 percent of the initial value of the Agreement.