CONSEQUENCES OF QUALIFYING CHANGE IN LAW. 12.1.1 If a Qualifying Change in Law occurs, then within 90 (Ninety) Days of its occurrence either Party may notify the other expressing its opinion on its likely effects, giving details of its opinion of:
(a) any necessary change in the O&M or in the Services to be performed;
(b) whether any changes are required to the terms of this Agreement to deal with such Qualifying Change in Law;
(c) whether relief from compliance with obligations is required, including the obligation of the Operator to meet the KPIs, on occurrence of any relevant Qualifying Change in Law;
(d) any increase in costs or delay that will result from the Qualifying Change in Law;
(e) any capital expenditure that is required or no longer required as a result of a Qualifying Change in Law taking effect during the Services Period; and
(f) in each case giving in full detail the procedure for implementing the change in the O&M or in performance of the Services. A Party suffering from a Qualifying Change in Law shall not be entitled to claim any relief under this Article 12.1 unless it has served the notice within the time period set out above.
12.1.2 As soon as practicable after receipt of any notice from either Party under Article 12.1.1 above, the Parties shall discuss and attempt to agree the issues referred therein and any ways in which the Operator can mitigate the effect of the Qualifying Change in Law, including:
(a) providing evidence that the Operator has used reasonable endeavors to minimize any increase in costs and maximize any reduction in costs;
(b) demonstrating to the Authority that the Qualifying Change in Law is the direct and primary cause of the increase in costs and/or delay and the estimated increase in costs or delay could not reasonably be expected to be mitigated or recovered by the Operator; and
(c) demonstrating that any expenditure which was anticipated to be incurred to replace or maintain assets that have been affected by the Qualifying Change in Law, has been taken into account in the amount stated in its opinion presented under Article 12.
12.1.3 If the Parties have complied with Articles 12.1.1 and 12.1.2 and the Parties mutually agree or it is determined by the Independent Expert or Independent Auditor in accordance with Article 18.1.2 that the Operator is required to incur additional capital expenditure or the Operator has suffered any increase in costs due to a Qualifying Change in Law, then the Operator shall (subject to the provisions of this Article 12.1...
CONSEQUENCES OF QUALIFYING CHANGE IN LAW. If a Qualifying Change in Law occurs or is shortly to occur, then each Party is obliged to notify the other, expressing its opinion on its likely effects, giving details of its opinion of:
CONSEQUENCES OF QUALIFYING CHANGE IN LAW. 2.1 If a Qualifying Change in Law occurs, then the Operator shall notify the Authority and the Technical Auditor of such Qualifying Change in Law along with details of:
a) any necessary change in the Agreed SIP, Agreed THP, O&M Plan, O&M Manual or the Technical Specifications or Performance Standards on the basis of which construction & rehabilitation works and O&M services are required to be undertaken for the Project Facilities;
b) any changes that are required to the terms of this Agreement to deal with such Qualifying Change in Law c) any extension of the Scheduled TCD or Scheduled SPCD or Scheduled Progressive Handover Date or scheduled date of commissioning of a DMA or any scheduled payment date, to account for the delay, if any, resulting from the Qualifying Change in Law; and/or
CONSEQUENCES OF QUALIFYING CHANGE IN LAW. If a Qualifying Change in Law occurs, then within 90 (Ninety) Days of its occurrence either Party may notify the other expressing its opinion on its likely effects, giving details of its opinion of:
