Common use of Charging Principles Clause in Contracts

Charging Principles. 8.1 Subject to the remainder of this clause 8, any funding arrangements entered into between the Developer and ERYC pursuant to a Work Package shall be in accordance with the following principles: (a) Any charges made by ERYC shall relate exclusively to the resources identified in the Resource Plan prepared in relation to each Work Package and shall be in the Agreed Sum unless, subject to sub-clause 8.1(e) below, an uplift is agreed between the Parties in accordance with clause 8.2; (b) There shall be full transparency with regard to any costs which ERYC incurs; (c) ERYC shall use all reasonable endeavours to keep the costs payable by the Developer under this Agreement to a minimum and making the best use of available information having due regard to statutory obligations; (d) A payment shall only be made by the Developer in respect of costs which have had its prior written approval; and (e) Any payments made by the Developer are to be made on a not-for profit basis (year by year) and, taking one year with another, the income received by EYRC for the services provided in relation to the carrying out of a Work Package must not exceed the cost of providing those services. 8.2 In the event that the Agreed Sum is going to be exceeded, EYRC shall immediately notify the Developer and confirm the uplift required in order to continue progressing and/or secure the completion of the relevant Work Package (“the Uplift”). No further steps shall be taken in relation to the relevant Work Package until either the Developer has approved the Uplift or ERYC has chosen to continue with the execution of the Work Package (or a discrete part of it) at its own cost. 8.3 Unless otherwise agreed in writing between the Parties, any payments made by the Developer under the terms of this Agreement shall be made in accordance with the Payment Arrangements.

Charging Principles. 8.1 15.1 Subject to the remainder of this clause 8paragraph 15, any funding arrangements entered into between National Grid and the Developer and ERYC pursuant to a Councils under specific Work Package Packages shall be in accordance with the following principles: (a) Any charges made by ERYC shall relate the charging relates exclusively to each Council's recovery of its costs for the resources identified in the Resource Plan prepared in relation provision of services it is authorised but not required (by an enactment) to each Work Package and shall be in the Agreed Sum unless, subject to sub-clause 8.1(e) below, an uplift is agreed between the Parties in accordance with clause 8.2provide; (b) There shall be full transparency with regard to any costs which ERYC incurs; (c) ERYC shall use all reasonable endeavours to keep the costs payable by the Developer under this Agreement to a minimum and making the best use of available information having due regard to statutory obligations; (d) A payment shall only be made by the Developer in respect of costs which have had its prior written approval; and (e) Any payments made by the Developer are to be made on a not-for profit basis (year by year) and, taking one year with another, the income received by EYRC from the charges for the such services provided in relation to the carrying out of a Work Package must not exceed the cost of providing those services.them; 8.2 (c) there shall be full transparency with regard to costs incurred; (d) the sole basis for charging is that the Councils can recover resources expended to achieve delivery of an Approved Work Package (as defined in Schedule 4), in accordance with this Agreement and the terms of the Work Package; (e) the Councils shall use all reasonable endeavours to keep costs payable by National Grid under this Agreement to a minimum including but not limited to sharing resources between each Council, making the best use of available information having due regard to statutory obligations; and (f) National Grid does not have to pay for any work forming part of a Work Package that National Grid has not given its prior approval to via the Strategic Project Board or otherwise 15.2 In the event that anticipated resource expenditure required to complete any Work Package is reasonably expected to exceed the Agreed Sum is going to be exceededauthorised expenditure limit for that Work Package, EYRC this shall immediately notify be brought to the Developer and confirm the uplift required in order to continue progressing and/or secure the completion attention of the relevant Work Package (“the Uplift”). No Strategic Project Board and separately to National Grid and no further steps financial commitment shall be taken entered into in relation to the relevant respect of that Work Package until either National Grid has so agreed or the Developer has approved the Uplift or ERYC has Councils have chosen to continue with the execution of the pursue that Work Package (or a discrete relevant part of it) using its/their own sources of funding. 15.3 Subject to paragraph 15.4, costs eligible for charging to National Grid shall be based: (a) where the work is carried out by third parties under contract, on the amounts invoiced to the Party that commissions the work; (b) where the work is carried out by a Council‟s employees, on the internal staff resources necessary and committed in the agreed Work Package. For the avoidance of doubt such resources may include those used to administer third party contracts required for the implementation of this Agreement and for the further avoidance of doubt may include those used to provide legal and financial advice, project management and support in accordance with an agreed Work Package. 15.4 Any charging by the Councils and agreed by National Grid shall be carried out in accordance with the provisions of section 93 of the Local Government Xxx 0000, any relevant Government guidance and the guidance and requirements of the professional codes of practice issued by CIPFA from time to time. 15.5 For the avoidance of doubt National Grid offers no commitment to fund any part of a Council's expenditure in respect of any particular Work Package which exceeds the authorised expenditure limit for that Work Package until National Grid has approved such expenditure but notwithstanding the Council shall be free to continue with any work under such Work Package as it sees fit and at its own cost. 8.3 Unless otherwise agreed 15.6 The Parties agree that nothing in writing between the Parties, any payments made by the Developer under the terms of this Agreement shall require National Grid to fund any mitigation related to the Project. Such matters are to be made in accordance dealt with the Payment Arrangementsseparately as appropriate.