Common use of Changes Proposed by the Company Clause in Contracts

Changes Proposed by the Company. ‌ 26.2.1 The Company may at its own cost, acting reasonably request the Authority to request an Authority Change on behalf of the Company pursuant to the PFI Project Agreement and shall provide the Authority and DfE with all relevant information in relation to the proposed Authority Change including all matters set out in clause 53.2 of the PFI Project Agreement following which the Company shall ensure that it adheres to the processes for implementing an Authority Change pursuant to clause 53.1 of the PFI Project Agreement and shall be liable for any consequential costs of the Authority as a result of not adhering to such process. 26.2.2 The Authority may decline to submit an Authority Notice of Change to the Contractor, where if to put forward such a proposed Authority Change to the Contractor would:‌ (a) be prejudicial to the Project as a whole or another school within the Project; (b) be in breach of the requirements for Authority Changes set out in clause 53.1 of the Project Agreement; (c) result in material additional costs or increased liabilities for the Authority in a manner not compensated for by either the Company and/or DFE; and/or (d) not be in the format of an Authority Notice of Change as required by clause 53.2 of the Project Agreement. 26.2.3 Where the Authority does not decline the Company’s proposed Authority Change pursuant to clause 26.2.2: (a) the Authority shall submit an Authority Notice of Change to the Contractor as soon as practicable and keep the Company informed as to any information regarding the proposed Authority Change received from the Contractor as well as any revisions, estimates and/or amendments to that proposed Authority Change. The Company shall reimburse the Authority in relation to its reasonable costs of progressing the Authority Change Notice provided that the Authority has given the Company an estimate of such costs prior to incurring them and the Company has approved them;‌ (b) the Company shall at its own cost provide all assistance to the Authority, including; procuring additional information to assist the proposed Authority Change; details of proposals for provision of funding for capital expenditure required to implement the Authority Change and attending relevant discussions with the Contractor in seeking to agree the contents of the Estimate provided by the Contractor in accordance with clause 53.4 of the Project Agreement; (c) the Authority shall promptly provide the Company with a copy of the Estimate relevant to the Authority Change (including any revisions to such Estimate), an estimate of any costs that the Authority will require the Company to reimburse under clause 26.2.3(a) and a copy of the proposed notice confirming the Authority Change; (d) the Company shall provide written notice to the Authority either confirming the relevant Estimate or requesting the Authority withdraw the relevant Authority Notice of Change within at least ten (10) Business Days before the Authority is required to advise the Contractor that either the contents of the relevant Estimate are agreed by the Authority or the Authority Notice of Change is withdrawn in accordance with clause 53.7 of the Project Agreement;‌ (e) subject to always clause 26.3.3, the Authority shall not confirm with the Contractor any Estimate in relation to an Authority Notice of Change requested by the Company under this clause 26.2, without the prior written consent of the Company (not to be unreasonably withheld or delayed); and (f) subject always to clause 26.3.4 the Authority shall not withdraw an Authority Notice of Change requested by the Company under this clause 26.2, without the prior written consent of the Company (not to be unreasonably withheld or delayed).

Changes Proposed by the Company. ‌ 26.2.1 The Company may at its own cost, acting reasonably request the Authority to request an Authority Change on behalf of the Company pursuant to the PFI Project Agreement and shall provide the Authority and DfE with all relevant information in relation to the proposed Authority Change including all matters set out in clause 53.2 of the PFI Project Agreement following which the Company shall ensure that it adheres to the processes for implementing an Authority Change pursuant to clause 53.1 of the PFI Project Agreement and shall be liable for any consequential costs of the Authority as a result of not adhering to such process. 26.2.2 The Authority may decline to submit an Authority Notice of Change to the Contractor, where if to put forward such a proposed Authority Change to the Contractor would:‌ (a) be prejudicial to the Project as a whole or another school within the Project;Project;‌ (b) be in breach of the requirements for Authority Changes set out in clause 53.1 of the Project Agreement; (c) result in material additional costs or increased liabilities for the Authority in a manner not compensated for by either the Company and/or DFE; and/or (d) not be in the format of an Authority Notice of Change as required by clause 53.2 of the Project Agreement. 26.2.3 Where the Authority does not decline the Company’s proposed Authority Change pursuant to clause 26.2.2: (a) the Authority shall submit an Authority Notice of Change to the Contractor as soon as practicable and keep the Company informed as to any information regarding the proposed Authority Change received from the Contractor as well as any revisions, estimates and/or amendments to that proposed Authority Change. The Company shall reimburse the Authority in relation to its reasonable costs of progressing the Authority Change Notice provided that the Authority has given the Company an estimate of such costs prior to incurring them and the Company has approved them;‌ (b) the Company shall at its own cost provide all assistance to the Authority, including; procuring additional information to assist the proposed Authority Change; details of proposals for provision of funding for capital expenditure required to implement the Authority Change and attending relevant discussions with the Contractor in seeking to agree the contents of the Estimate provided by the Contractor in accordance with clause 53.4 of the Project Agreement; (c) the Authority shall promptly provide the Company with a copy of the Estimate relevant to the Authority Change (including any revisions to such Estimate), an estimate of any costs that the Authority will require the Company to reimburse under clause 26.2.3(a) and a copy of the proposed notice confirming the Authority Change; (d) the Company shall provide written notice to the Authority either confirming the relevant Estimate or requesting the Authority withdraw the relevant Authority Notice of Change within at least ten (10) Business Days before the Authority is required to advise the Contractor that either the contents of the relevant Estimate are agreed by the Authority or the Authority Notice of Change is withdrawn in accordance with clause 53.7 of the Project Agreement;‌ (e) subject to always clause 26.3.3, the Authority shall not confirm with the Contractor any Estimate in relation to an Authority Notice of Change requested by the Company under this clause 26.2, without the prior written consent of the Company (not to be unreasonably withheld or delayed); and (f) subject always to clause 26.3.4 the Authority shall not withdraw an Authority Notice of Change requested by the Company under this clause 26.2, without the prior written consent of the Company (not to be unreasonably withheld or delayed).

Changes Proposed by the Company. ‌ 26.2.1 The Company may at its own cost, acting reasonably reasonably, request the Authority to request an Authority Change on behalf of the Company pursuant to the PFI Project Agreement and shall provide the Authority and DfE DFE with all relevant information in relation to the proposed Authority Change including so far as it is able, all matters set out in clause 53.2 Clause [ ] of the PFI Project Agreement. The parties acknowledge that as at the date of this Agreement following which the Company shall ensure that it adheres to the processes for implementing an Authority Change pursuant to clause 53.1 of the PFI Project Agreement and shall be liable for any consequential costs of has requested the Authority as a result Changes set out at Schedule [3 Part [ ]] and that such request is, from the date of not adhering this Agreement, subject to such process. 26.2.2 this Clause 26. The Authority may decline to submit an Authority Notice of Change to the Contractor, where if to put forward such a proposed Authority Change to the Contractor would:‌ (a) would: be prejudicial to the Project as a whole or another school within the Project; (b) ; Not Used; be in breach of the requirements for Authority Changes set out in clause 53.1 Clause [ ] of the Project Agreement; (c) ; result in material additional costs or increased liabilities for the Authority in a manner not adequately compensated for by either the Company and/or DFE; and/or (d) and/or not be in the format of an Authority Notice of Change as required by clause 53.2 Clause [ ] of the Project Agreement. 26.2.3 . Where the Authority does not decline the Company’s proposed Authority Change pursuant to clause Clause 26.2.2: (a) : the Authority shall submit an Authority Notice of Change to the Contractor as soon as practicable and keep the Company informed as to any information regarding the proposed Authority Change received from the Contractor as well as any revisions, estimates and/or amendments to that proposed Authority Change. The Company shall reimburse the Authority in relation to its reasonable costs of progressing the Authority Change Notice provided that the Authority has given the Company an estimate of such costs prior to incurring them and the Company has approved them;‌ (b) ; the Company shall at its own cost provide all assistance to the Authority, including; procuring additional information to assist the proposed Authority Change; details of proposals for provision of funding for capital expenditure required to implement the Authority Change and Change, attending relevant discussions with the Contractor in seeking to agree the contents of the Estimate [Estimate] provided by the Contractor in accordance with clause 53.4 Clause [ ] of the Project Agreement; (c) ; the Authority shall promptly provide the Company with a copy of the Estimate relevant to the Authority Change (including any revisions to such Estimate), an estimate of any costs that the Authority will require the Company to reimburse under clause 26.2.3(a) and a copy of the proposed notice confirming the Authority Change; (d) ; the Company shall provide written notice to the Authority either confirming the relevant Estimate or requesting the Authority withdraw the relevant Authority Notice of Change within at least ten (10) Business Days before the Authority is required to advise the Contractor that either the contents of the relevant Estimate are agreed by the Authority or the Authority Notice of Change is withdrawn in accordance with clause 53.7 Clause [ ] of the Project Agreement;‌ (e) Agreement; subject to always clause 26.3.3, Clause 26.3.4 the Authority shall not confirm with the Contractor any Estimate in relation to an Authority Notice of Change requested by the Company under this clause Clause 26.2, without the prior written consent of the Company (not to be unreasonably withheld or delayed); and (f) and subject always to clause Clause 26.3.4 the Authority shall not withdraw an Authority Notice of Change requested by the Company under this clause Clause 26.2, without the prior written consent of the Company (not to be unreasonably withheld or delayed).