Common use of Authority Losses Clause in Contracts

Authority Losses. Where a School Entity or another party to a Governing Body Agreement187 is entitled to claim an indemnity against the Authority under a Governing Body Agreement (in respect of an act or omission of the Contractor or a Contractor Related Party) and the Authority subsequently makes a claim against the Contractor under the indemnities in clauses 63.1 (Contractor’s Indemnity), 30.3 (Indemnities), and/or clause 30.6 (Sub-Contractors) in respect of the same act or omission of the Contractor or a Contractor Related Party, the Contractor waives any right to defend the Authority’s claim on the ground that the Authority is only required to make payments to the School Entity or other party to a Governing Body Agreement or Landowner Agreement under the relevant indemnity to the extent that the same is recoverable by the Authority from the Contractor. NO DOUBLE RECOVERY Notwithstanding any other provisions of this Agreement, neither Party shall be entitled to recover compensation or make a claim under this Agreement in respect of any loss that it has incurred to the extent that it has already been compensated in respect of that loss pursuant to this Agreement or otherwise. COUNTERPARTS This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one and the same instrument. CONSTRUCTION INDUSTRY SCHEME This clause 90 relates to the Construction Industry Scheme (the Scheme) the framework of which is contained in the Finance Act 2004 with the operational details contained in the Income Tax (Construction Industry Scheme) Regulations 2005 SI 2005/2045 (the 2005 Regulations) and which commenced on 6 April 2007. All payments made under this Agreement will be paid in accordance with this clause. The Parties believe that all payments made under this Agreement will be exempt from the Scheme under Regulation 23 of the 2005 Regulations (Arrangements involving public bodies). If and to the extent that payments are not exempt from the Scheme by virtue of Regulation 23, the Parties agree to operate the Scheme in accordance with the 2005 Regulations, the Finance Act 2004 or any other statute or subordinate legislation (the Relevant Legislation) relating to the Scheme as from time to time modified or replaced whether before or after the date of this Agreement and in particular the Authority shall be entitled to make the statutory deduction from any payment due to the Contractor in accordance with the 2005 Regulations and/or the Relevant Legislation. If compliance with this clause involves the Authority or the Contractor in not complying with any other of the terms of this Agreement (save for the Parties' obligations to comply with all laws), then the provisions of this clause shall prevail. THIS DOCUMENT is executed as a deed and delivered on the date stated at the beginning of this Deed. SOFT SERVICES INTERFACE PROTOCOL School (including address) Planned ICT Handover Date Planned Services Availability Date [Planned Post Completion Works Acceptance Date]188 Initial Amount Periodic Rate189 ICT Handover Requirements shall mean that: the Works (excluding the Post Completion Works) have been provided in accordance with the Facilities Output Specification and the Construction Proposals, Good Industry Practice, Guidance, all Necessary Consents, all applicable Authorities’ Policies and Legislation; the Works (excluding the Post Completion Works) have been designed, constructed, remodelled or refurbished in the forms and materials described and as approved in any planning approvals and the Facilities Output Specification and Construction Proposals; each Area (excluding any Areas that are the subject of Post Completion Works) has been completed, finished and laid out in accordance with the standards and provisions set out in the Area Data Sheets that form part of the Facilities Output Specification; the Buildings have been located on each Site, together with external hard and soft play and landscaped areas (excluding any Areas that are the subject of Post Completion Works), and with the sports and recreational facilities as shown in the Facilities Output Specification and the Construction Proposals and as approved in any planning approvals; external fencing, gates, security equipment, vehicular and pedestrian access are complete as described in the Facilities Output Specification and the Construction Proposals; the Buildings are weatherproof and watertight; the building services, the drains, the fire and intruder alarm installations and any other security related equipment comply with the Facilities Output Specification and the Construction Proposals in all material respects; the Buildings, and where relevant the Sites, are clean and tidy and all debris, surplus material and rubbish has been removed; the Contractor has provided a draft copy of the Building Manual (such copy to include the health and safety file), the contents of such draft to be to the reasonable satisfaction of the Independent Certifier and the Contractor confirms that it will be able to provide a final and complete version of the Building Manual within twenty (20) Business Days following the date upon which the Acceptance Certificate is issued, the contents of any such version of the Building Manual to be to the reasonable satisfaction of the Independent Certifier and CDM Co-ordinator; the mechanical and electrical plant and equipment have been tested on Site to ascertain compliance with the Facilities Output Specification and the Construction Proposals and meet the standards set out in the Facilities Output Specification and the Construction Proposals; the Active ICT Infrastructure Tests have been met; all mechanical and electrical installation work is complete and the plant and equipment are safe for use; and the Collateral Warranties have been duly executed and delivered to the Authority.190

Authority Losses. Where a School Entity or another party to a Governing Body Agreement187 is entitled to claim an indemnity against the Authority under a Governing Body Agreement (in respect of an act or omission of the Contractor or a Contractor Related Party) and the Authority subsequently makes a claim against the Contractor under the indemnities in clauses clause 63.1 (Contractor’s Indemnity), 30.3 (Indemnities), and/or clause 30.6 (Sub-Contractors) in respect of the same act or omission of the Contractor or a Contractor Related Party, the Contractor waives any right to defend the Authority’s claim on the ground that the Authority is only required to make payments to the School Entity or other party to a Governing Body Agreement or Landowner Agreement under the relevant indemnity to the extent that the same is recoverable by the Authority from the Contractor. NO DOUBLE RECOVERY Notwithstanding any other provisions of this Agreement, neither Party shall be entitled to recover compensation or make a claim under this Agreement in respect of any loss that it has incurred to the extent that it has already been compensated in respect of that loss pursuant to this Agreement or otherwise. COUNTERPARTS This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one and the same instrument. CONSTRUCTION INDUSTRY SCHEME This clause 90 relates to the Construction Industry Scheme (the Scheme) the framework of which is contained in the Finance Act 2004 with the operational details contained in the Income Tax (Construction Industry Scheme) Regulations 2005 SI 2005/2045 (the 2005 Regulations) and which commenced on 6 April 2007. All payments made under this Agreement will be paid in accordance with this clause. The Parties believe that all payments made under this Agreement will be exempt from the Scheme under Regulation 23 of the 2005 Regulations SI 2005/2045 (Arrangements involving public bodies). If and to the extent that payments are not exempt from the Scheme by virtue of Regulation 23, the Parties agree to operate the Scheme in accordance with the 2005 Regulations, the Finance Act 2004 or any other statute or subordinate legislation (the Relevant Legislation) relating to the Scheme as from time to time modified or replaced whether before or after the date of this Agreement and in particular the Authority shall be entitled to make the statutory deduction from any payment due to the Contractor in accordance with the 2005 Regulations and/or the Relevant Legislation. If compliance with this clause involves the Authority or the Contractor in not complying with any other of the terms of this Agreement (save for the Parties' obligations to comply with all laws), then the provisions of this clause shall prevail. THIS DOCUMENT is executed as a deed and delivered on the date stated at the beginning of this Deed. SOFT SERVICES INTERFACE PROTOCOL School (including address) Planned ICT Handover Date Planned Services Availability Date [Planned Post Completion Works Acceptance Date]188 Initial Amount Periodic Rate189 ICT Handover Requirements shall mean that: the Works (excluding the Post Completion Works) have been provided in accordance with the Facilities Output Specification and the Construction Proposals, Good Industry Practice, Guidance, all Necessary Consents, all applicable Authorities’ Policies and Legislation; the Works (excluding the Post Completion Works) have been designed, constructed, remodelled or refurbished in the forms and materials described and as approved in any planning approvals and the Facilities Output Specification and Construction Proposals; each Area (excluding any Areas that are the subject of Post Completion Works) has been completed, finished and laid out in accordance with the standards and provisions set out in the Area Data Sheets that form part of the Facilities Output Specification; the Buildings have been located on each Site, together with external hard and soft play and landscaped areas (excluding any Areas that are the subject of Post Completion Works), and with the sports and recreational facilities as shown in the Facilities Output Specification and the Construction Proposals and as approved in any planning approvals; external fencing, gates, security equipment, vehicular and pedestrian access are complete as described in the Facilities Output Specification and the Construction Proposals; the Buildings are weatherproof and watertight; the building services, the drains, the fire and intruder alarm installations and any other security related equipment comply with the Facilities Output Specification and the Construction Proposals in all material respects; the Buildings, and where relevant the Sites, are clean and tidy and all debris, surplus material and rubbish has been removed; the Contractor has provided a draft copy of the Building Manual (such copy to include the health and safety file), the contents of such draft to be to the reasonable satisfaction of the Independent Certifier and the Contractor confirms that it will be able to provide a final and complete version of the Building Manual within twenty (20) Business Days following the date upon which the Acceptance Certificate is issued, the contents of any such version of the Building Manual to be to the reasonable satisfaction of the Independent Certifier and CDM Co-ordinator; the mechanical and electrical plant and equipment have been tested on Site to ascertain compliance with the Facilities Output Specification and the Construction Proposals and meet the standards set out in the Facilities Output Specification and the Construction Proposals; the Active ICT Infrastructure Tests have been met; all mechanical and electrical installation work is complete and the plant and equipment are safe for use; and the Collateral Warranties have been duly executed and delivered to the Authority.190.