Alternate contributions. 8.2.1 During the Term of this Agreement the Borough Councils shall apply the Interim Tariff Policy or the Tariff Policy so as to secure Tariff Contributions except for where a Borough Council is able to secure from a developer an alternate contribution which:
(a) involves, in the reasonable opinion of the Borough Council, the carrying out of Works3; and 3 There may a risk that works procured in this manner could constitute a procurement to which the EU procurement rules would apply.
(b) is, in the reasonable opinion of the Borough Council, of equivalent monetary value to that which the developer would be liable had the Interim Tariff Policy or the Tariff Policy been applied to the developer in question; (an Alternate Contribution).
8.2.2 Before accepting an Alternate Contribution the Borough Council concerned shall consult with the Kent except and the other Borough Council, CLG and DfT and provide them with all necessary details of the works that are to form the Alternate Contribution (including without limitation the estimated cost of the procurement of the Alternate Contribution works [from a third party]).
Alternate contributions. 5.3.1 During the Term of this Agreement the Borough Councils shall procure Developer Contributions except for where a Borough Council is able to secure from a developer an alternate contribution which: -
a) involves, in the reasonable opinion of the Borough Council, the carrying out of a Works Package; and
b) is, in the reasonable opinion of the Borough Council, of equivalent monetary value to that which the developer would be liable had a Developer Contribution been required. (an Alternate Contribution).
5.3.2 Before accepting an Alternate Contribution the Borough Council concerned shall consult with and seek the agreement of Kent that the Alternate Contribution meets the definition set out in clause 5.3.
1. The Borough Council shall provide details of the Works that are to form the Alternate Contribution (including without limitation the estimated cost of the procurement of the Alternate Contribution works [from a third party]).
Alternate contributions. 6.2.1 During the Term of this Agreement the Borough Councils shall procure Developer Contributions except for where a Borough Council is able to secure from a developer an alternate contribution which:
(a) involves, in the reasonable opinion of the Borough Council, the carrying out of a Works Package2; and
(b) is, in the reasonable opinion of the Borough Council, of equivalent monetary value to that which the developer would be liable had a Developer Contribution been required (an Alternate Contribution).
6.2.2 Before accepting an Alternate Contribution the Borough Council concerned shall consult with [Kent and the other Borough Council][the Steering Group] and provide them with details of the Works that are to form the Alternate Contribution (including without limitation the estimated cost of the procurement of the Alternate Contribution works [from a third party]).
