Contracting Authority Change Clause Samples

Contracting Authority Change. (a) If the Contracting Authority proposes a change to [Schedule 8 ([Qualitative Part of Submission]) or] Schedule 9 (Schedule of Requirements) or the definitions of “Scheduled Availability Date” or “Scheduled Expiry Date” and the resulting changes in Schedule 2 (Payment Mechanism), this is designated a Contracting Authority Change. (b) If: (i) a Relevant Change in Law necessitates an amendment of this Agreement; (ii) [the Route Decision, as it stands at the time of becoming irrevocable, deviates in content from the Route Decision as it stood on the date two weeks prior to [date Final Submission], and this necessitates an amendment of this Agreement]; [or] (iii) this Agreement, with the exception of the Contractor Schedules, imposes an act in conflict with Regulations or the intellectual or industrial property rights of a third party, and this can be remedied by means of an amendment to the Agreement; [or (iv) the adoption of measures or recommendations arising from Req. [⚫] of the Management Specifications leads to an amendment of this Agreement (excepting the Contractor Schedules)], the Parties must introduce the amendment as a Contracting Authority Change. A Change as referred to in this paragraph (b) may concern any provision in this Agreement, including Contractor Schedules. [If the results of the Work performed earlier by the Contractor must be undone due to the deviation as referred to in this paragraph (b) under (ii), then the Contracting Authority Change must also include an order to undo these results.] (c) A Contracting Authority Change may not result in: (i) substantive changes to the Work as compared to this Agreement's original purpose; or (ii) the Contractor having to act contrary to Regulations in the performance of the Work. (d) A Contracting Authority Change is a Compensation Event. (e) If the Contractor can demonstrate a Contracting Authority Change has had an adverse effect on the risk profile of the Work or on the Lenders then the Contracting Authority shall pay compensation for or bear the additional risks.

Contracting Authority Change. (a) A Contracting Authority Change may not result in: (i) Work that no longer has any direct connection with the original purpose of this Agreement; or (ii) the Contractor having to act contrary to Regulations in performing the Work. (b) If the Contractor can demonstrate that a Contracting Authority Change will adversely affect the risk profile of the Work, the Contractor or the Lenders, a guarantee must be provided to the effect that any additional risks will be borne or compensated by the Contracting Authority. (c) Within [20] Business Days of the Contracting Authority making a request for a Contracting Authority Change or if it is established that a change must be effected as a Contracting Authority Change, the Contractor must provide the Contracting Authority with provisional information as stated in Paragraph (d) of this section. This does not apply if the Contractor is able to demonstrate that it is unable to implement the proposed Change. (d) In the event of a Contracting Authority Change, the Contractor must provide the Contracting Authority with provisional information comprising: (i) details as to how the Change will result in a Critical Delay or a Critical Delay in Completion; (ii) an estimate if the matter involves a Small Change or a Large Change; and (iii) the order of magnitude of the financial consequences of the proposed Change established in accordance with Section 2.9 (Determination of the Financial Disadvantage due to Changes) of this Schedule, (including an estimate of the costs of compiling and developing the Change proposal), which the Contracting Authority must compensate (assuming that this compensation will take place as a lump-sum payment). (e) Upon receipt of the information provided in accordance with Paragraph (b), the Contracting Authority may request the Contractor to make an initial Change proposal as referred to in Section 2.4 (Change proposal)

Contracting Authority Change. 4..2....

Contracting Authority Change. (a) The Contracting Authority may propose to amend Schedule 2 (Payment Mechanism), the Output Specifications, or the definitions of the “Scheduled Availability Date”, [“Scheduled Completion Date”] or the “Expiry Date] (i.e. a Contracting Authority Change). (b) If: (i) a relevant Change in Law necessitates an amendment to this Agreement; or (ii) this Agreement (excepting the Contractor Schedules) mandates activity that contravenes Regulations or infringes on the intellectual or industrial property rights of a third party and such contravention or infringement can be corrected by a Change in the Agreement; the Parties must effect the amendment as a Contracting Authority Change. A Change as referred to in this Paragraph (b) may concern any provision in this Agreement (including Contractor Schedules). (c) A Contracting Authority Change may not result in: (i) the Work being substantially changed with regard to the original purpose of the Agreement; or (ii) the Contractor having to act contrary to Regulations in performing the Work.

Contracting Authority Change. (a) The Contracting Authority may propose to amend Schedule 2 (Payment Mechanism), Schedule 8 (Management Plan) or Schedule 9 (Programme of Requirements), or the definitions for “Scheduled Availability Date” or “Expiry Date” (a Contracting Authority Change). (b) If: (i) a relevant Change in Law necessitates an amendment to this Agreement; or (ii) the wording of the Transport Infrastructure (Planning Procedures) Decree [Road Improvement Decree] once it becomes irrevocable differs from the wording of the Transport Infrastructure (Planning Procedures) Decree [Road Improvement Decree] as at two weeks prior to [date of Definitive Registration] and this necessitates a change in this Agreement; or (iii) this Agreement (excepting the Contractor Schedules) mandates activity that contravenes Regulations or infringes on the intellectual or industrial property rights of a third party and such contravention or infringement can be corrected by a Change in the Agreement; the Parties must effect the amendment as a Contracting Authority Change. A Change as referred to in this Paragraph (b) may concern any provision in this Agreement (including Contractor Schedules). (c) A Contracting Authority Change may not result in: (i) the Work being substantially changed with regard to the original purpose of the Agreement; or (ii) the Contractor having to act contrary to Regulations in performing the Work.