Common use of Contractor’s Estimate Clause in Contracts

Contractor’s Estimate. As soon as reasonably practicable and in any event within the time period agreed or determined pursuant to paragraph 261.4 of this Section 3, Project Co shall deliver to the Authority the Estimate. The Estimate must contain: a detailed timetable for implementation of the Medium Value Change; any requirement for relief from compliance with obligations, including the obligations of Project Co to achieve the Actual Completion Date [an Actual Phase Completion Date] by the Completion Date [relevant Phase Completion Date] and to meet the requirements set out in the Authority’s Construction Requirements and/or the Service Level Specification during the implementation of the Medium Value Change; an outline of the proposed design solution and design, including an appropriate analysis/risk appraisal and, to the extent relevant, the impact on whole life costings; any impact on the provision of the Works and/or the Services; a value for money justification for any proposed change to the quality of the works or the services comprised in the Medium Value Change as compared to the Works and the Services; any amendment required to this Agreement and/or any Project Document as a result of the Medium Value Change; any Estimated Change in Project Costs that results from the Medium Value Change; any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; amendments to existing Necessary Consents that are required; a payment schedule for any Capital Expenditure required to implement the Change, based on milestones where relevant; costs and details of (i) any other approvals required and/or due diligence permitted pursuant to paragraph 271 of this Section 3 (Medium Value Changes); and (ii) any Third Party Costs; the method of implementation and the proposed method of certification of any construction aspects of the Medium Value Change, if not covered by the procedures specified in Clause 14 (Programme and Dates for Completion); and any other information requested by the Authority in the Authority Change Notice. together the "Estimate" In calculating the Estimated Change in Project Costs and/or the Capital Expenditure for the purposes of the Estimate, Project Co shall apply the following principles wherever applicable: unless the Authority’s requirements for the Medium Value Change specify a different quality as compared to the Works: the unit cost of any construction or installation works or associated preliminaries (excluding any temporary or demolition works, professional fees, contingencies, overheads and profit margins) required to implement the Medium Value Change is the equivalent unit rate set out in Part 1 (Unit Cost for Construction or Installation Costs) of Appendix 2 of this Schedule Part 16 (Change Protocol), uplifted using the DTI Pubsec index for construction cost inflation in the period between the Commencement Date and the date the Medium Value Change is to be commenced; any lifecycle replacement and maintenance associated with additional works (or changes to the Works) are consistent with the lifecycle and maintenance profile of the Facilities envisaged in Section 4 (Project Co’s Proposals) of Schedule Part 6 (Construction Matters) including (without limitation) in terms of the replacement cycles for equipment, provided that Project Co must reflect improvements in technology that can optimise Whole Life Costs for the Authority; and the unit costs to be applied to the pricing of lifecycle replacement and maintenance is the equivalent unit rate set out in Part 2 (Unit Costs of Lifecycle Maintenance) of Appendix 2 of this Schedule Part 16 (Change Protocol) (index linked); any professional fees, contingencies, overheads and/or profit margins to be charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision for the Medium Value Change are the equivalent rates set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), or if the professional fees, contingencies, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), such other rates as the parties agree or failing agreement as may be determined under the Dispute Resolution Procedure as being consistent with those charged in current market conditions; unless the Authority’s requirements for the Medium Value Change specify a different quality than required by the Service Level Specification, the unit cost of any extension of, or change to, any Service (either in scope or area), taking into account the capacity of existing labour resources, is consistent with the equivalent unit rate set out in Part 4 of Appendix 2 to this Schedule Part 16 (Change Protocol); other than as referred to in paragraphs 263.1 to 263.3 of this Section 3 (Medium Value Changes) no charge shall be made in respect of Project Co’s time, or that of any Project Co Party spent processing, managing or monitoring the Medium Value Change (and no additional mark up or management fee shall be applied by Project Co); and where aspects of the Medium Value Change are not addressed by paragraphs 263.1 to 263.4 of this Section 3 (Medium Value Changes), they shall be costed on a fair and reasonable basis reflecting the then current market rates. In providing the Estimate Project Co must: use reasonable endeavours to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; demonstrate how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, reasonably foreseeable Changes in Law at that time have been taken into account; and demonstrate that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Medium Value Change concerned, has been taken into account in the amount which in its opinion has resulted or is required under paragraphs 262.7 and/or 262.8 of this Section 3; and provide written evidence of Project Co’s compliance with paragraphs 264.1 to 264.3 of this Section 3.

Contractor’s Estimate. As soon as reasonably practicable and in any event within the time period agreed or determined pursuant to paragraph 261.4 2.4 of this Section 3, Project Co Sub-hubco shall deliver to the Authority the Estimate. The Estimate must contain: a detailed timetable for implementation of the Medium Value Change; any requirement for relief from compliance with obligations, including the obligations of Project Co Sub-hubco to achieve the Actual Completion Date by the Completion Date [an Actual Phase Completion Date] Date by the Completion Date [relevant Phase Completion Date] and to meet the requirements set out in the Authority’s Construction Requirements and/or the Service Level Specification during the implementation of the Medium Value Change; an outline of the proposed design solution and design, including an appropriate analysis/risk appraisal and, to the extent relevant, the impact on whole life costings; any impact on the provision of the Works and/or the Services; a value for money justification for any proposed change to the quality of the works or the services comprised in the Medium Value Change as compared to the Works and the Services; any amendment required to this Agreement and/or any Project Document as a result of the Medium Value Change; any Estimated Change in Project Costs that results from the Medium Value Change; any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; amendments to existing Necessary Consents that are required; a payment schedule for any Capital Expenditure required to implement the Change, based on milestones where relevant; costs and details of (i) any other approvals required and/or due diligence permitted pursuant to paragraph 271 12 of this Section 3 (Medium Value Changes); and (ii) any Third Party Costs; the method of implementation and the proposed method of certification of any construction aspects of the Medium Value Change, if not covered by the procedures specified in Clause 14 (Programme and Dates for Completion); and any other information requested by the Authority in the Authority Change Notice. together the "Estimate" In calculating the Estimated Change in Project Costs and/or the Capital Expenditure for the purposes of the Estimate, Project Co Sub-hubco shall apply the following principles wherever applicable: unless the Authority’s requirements for the Medium Value Change specify a different quality as compared to the Works: the unit cost of any construction or installation works or associated preliminaries (excluding any temporary or demolition works, professional fees, contingencies, overheads and profit margins) required to implement the Medium Value Change is the equivalent unit rate set out in Part 1 (Unit Cost for Construction or Installation Costs) of Appendix 2 of this Schedule Part 16 (Change Protocol), uplifted using the DTI Pubsec index for construction cost inflation in the period between the Commencement Date and the date the Medium Value Change is to be commenced; any lifecycle replacement and maintenance associated with additional works (or changes to the Works) are consistent with the lifecycle and maintenance profile of the Facilities envisaged in Section 4 (Project CoSub-hubco’s Proposals) of Schedule Part 6 (Construction Matters) including (without limitation) in terms of the replacement cycles for equipment, provided that Project Co Sub-hubco must reflect improvements in technology that can optimise Whole Life Costs for the Authority; and the unit costs to be applied to the pricing of lifecycle replacement and maintenance is the equivalent unit rate set out in Part 2 (Unit Costs of Lifecycle Maintenance) of Appendix 2 of this Schedule Part 16 (Change Protocol) (index linked); any professional fees, contingencies, overheads and/or profit margins to be charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision for the Medium Value Change are the equivalent rates set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), or if the professional fees, contingencies, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), such other rates as the parties agree or failing agreement as may be determined under the Dispute Resolution Procedure as being consistent with those charged in current market conditions; unless the Authority’s requirements for the Medium Value Change specify a different quality than required by the Service Level Specification, the unit cost of any extension of, or change to, any Service (either in scope or area), taking into account the capacity of existing labour resources, is consistent with the equivalent unit rate set out in Part 4 of Appendix 2 to this Schedule Part 16 (Change Protocol); other than as referred to in paragraphs 263.1 4.1 to 263.3 4.3 of this Section 3 (Medium Value Changes) no charge shall be made in respect of Project CoSub-hubco’s time, or that of any Project Co Sub-hubco Party spent processing, managing or monitoring the Medium Value Change (and no additional mark up or management fee shall be applied by Project CoSub-hubco); and where aspects of the Medium Value Change are not addressed by paragraphs 263.1 4.1 to 263.4 4.4 of this Section 3 (Medium Value Changes), they shall be costed on a fair and reasonable basis reflecting the then current market rates. In providing the Estimate Project Co Sub-hubco must: use reasonable endeavours to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; demonstrate how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, reasonably foreseeable Changes in Law at that time have been taken into account; and demonstrate that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Medium Value Change concerned, has been taken into account in the amount which in its opinion has resulted or is required under paragraphs 262.7 3.7 and/or 262.8 3.8 of this Section 3; and provide written evidence of Project CoSub-hubco’s compliance with paragraphs 264.1 5.1 to 264.3 of 5.3of this Section 3.

Contractor’s Estimate. As soon as reasonably practicable and in any event within the time period agreed or determined pursuant to paragraph 261.4 2.4 of this Section 3, Project Co shall deliver to the Authority the Estimate. The Estimate must contain: a detailed timetable for implementation of the Medium Value Change; any requirement for relief from compliance with obligations, including the obligations of Project Co to achieve the [Actual Completion Date by the Completion Date] [an Actual Phase Completion Date] Date by the Completion Date [relevant Phase Completion Date] and to meet the requirements set out in the Authority’s Construction Requirements and/or the Service Level Specification during the implementation of the Medium Value Change; an outline of the proposed design solution and design, including an appropriate analysis/risk appraisal and, to the extent relevant, the impact on whole life costings; any impact on the provision of the Works and/or the Services; a value for money justification for any proposed change to the quality of the works or the services comprised in the Medium Value Change as compared to the Works and the Services; any amendment required to this Agreement and/or any Project Document as a result of the Medium Value Change; any Estimated Change in Project Costs that results from the Medium Value Change; any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; amendments to existing Necessary Consents that are required; a payment schedule for any Capital Expenditure required to implement the Change, based on milestones where relevant; costs and details of (i) any other approvals required and/or due diligence permitted pursuant to paragraph 271 12 of this Section 3 (Medium Value Changes); and (ii) any Third Party Costs; the method of implementation and the proposed method of certification of any construction aspects of the Medium Value Change, if not covered by the procedures specified in Clause 14 (Programme and Dates for Completion); and any other information requested by the Authority in the Authority Change Notice. together the "Estimate" In calculating the Estimated Change in Project Costs and/or the Capital Expenditure for the purposes of the Estimate, Project Co shall apply the following principles wherever applicable: unless the Authority’s requirements for the Medium Value Change specify a different quality as compared to the Works: the unit cost of any construction or installation works or associated preliminaries (excluding any temporary or demolition works, professional fees, contingencies, overheads and profit margins) required to implement the Medium Value Change is the equivalent unit rate set out in Part 1 (Unit Cost for Construction or Installation Costs) of Appendix 2 of this Schedule Part 16 (Change Protocol), uplifted using the DTI Pubsec index for construction cost inflation in the period between the Commencement Date and the date the Medium Value Change is to be commenced; any lifecycle replacement and maintenance associated with additional works (or changes to the Works) are consistent with the lifecycle and maintenance profile of the Facilities envisaged in Section 4 (Project Co’s Proposals) of Schedule Part 6 (Construction Matters) including (without limitation) in terms of the replacement cycles for equipment, provided that Project Co must reflect improvements in technology that can optimise Whole Life Costs for the Authority; and the unit costs to be applied to the pricing of lifecycle replacement and maintenance is the equivalent unit rate set out in Part 2 (Unit Costs of Lifecycle Maintenance) of Appendix 2 of this Schedule Part 16 (Change Protocol) (index linked); any professional fees, contingencies, overheads and/or profit margins to be charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision for the Medium Value Change are the equivalent rates set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), or if the professional fees, contingencies, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), such other rates as the parties agree or failing agreement as may be determined under the Dispute Resolution Procedure as being consistent with those charged in current market conditions; unless the Authority’s requirements for the Medium Value Change specify a different quality than required by the Service Level Specification, the unit cost of any extension of, or change to, any Service (either in scope or area), taking into account the capacity of existing labour resources, is consistent with the equivalent unit rate set out in Part 4 of Appendix 2 to this Schedule Part 16 (Change Protocol); other than as referred to in paragraphs 263.1 to 263.3 of this Section 3 (Medium Value Changes) no charge shall be made in respect of Project Co’s time, or that of any Project Co Party spent processing, managing or monitoring the Medium Value Change (and no additional mark up or management fee shall be applied by Project Co); and where aspects of the Medium Value Change are not addressed by paragraphs 263.1 to 263.4 of this Section 3 (Medium Value Changes), they shall be costed on a fair and reasonable basis reflecting the then current market rates. In providing the Estimate Project Co must: use reasonable endeavours to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; demonstrate how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, reasonably foreseeable Changes in Law at that time have been taken into account; and demonstrate that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Medium Value Change concerned, has been taken into account in the amount which in its opinion has resulted or is required under paragraphs 262.7 and/or 262.8 of this Section 3; and provide written evidence of Project Co’s compliance with paragraphs 264.1 to 264.3 of this Section 3.

Contractor’s Estimate. As soon as reasonably practicable and in any event within the time period agreed or determined pursuant to paragraph 261.4 2.4 of this Section 3, Project DBFM Co shall deliver to the Authority the Estimate. The Estimate must contain: a detailed timetable for implementation of the Medium Value Change; any requirement for relief from compliance with obligations, including the obligations of Project DBFM Co to achieve the Actual Completion Date by the Completion Date [an Actual Phase Completion Date] Date by the Completion Date [relevant Phase Completion Date] and to meet the requirements set out in the Authority’s Construction Requirements and/or the Service Level Specification during the implementation of the Medium Value Change; an outline of the proposed design solution and design, including an appropriate analysis/risk appraisal and, to the extent relevant, the impact on whole life costings; any impact on the provision of the Works and/or the Services; a value for money justification for any proposed change to the quality of the works or the services comprised in the Medium Value Change as compared to the Works and the Services; any amendment required to this Agreement and/or any Project Document as a result of the Medium Value Change; any Estimated Change in Project Costs that results from the Medium Value Change; any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; amendments to existing Necessary Consents that are required; a payment schedule for any Capital Expenditure required to implement the Change, based on milestones where relevant; costs and details of (i) any other approvals required and/or due diligence permitted pursuant to paragraph 271 12 of this Section 3 (Medium Value Changes); and (ii) any Third Party Costs; the method of implementation and the proposed method of certification of any construction aspects of the Medium Value Change, if not covered by the procedures specified in Clause 14 (Programme and Dates for Completion); and any other information requested by the Authority in the Authority Change Notice. together the "Estimate" In calculating the Estimated Change in Project Costs and/or the Capital Expenditure for the purposes of the Estimate, Project DBFM Co shall apply the following principles wherever applicable: unless the Authority’s requirements for the Medium Value Change specify a different quality as compared to the Works: the unit cost of any construction or installation works or associated preliminaries (excluding any temporary or demolition works, professional fees, contingencies, overheads and profit margins) required to implement the Medium Value Change is the equivalent unit rate set out in Part 1 (Unit Cost for Construction or Installation Costs) of Appendix 2 of this Schedule Part 16 (Change Protocol), uplifted using the DTI Pubsec index for construction cost inflation in the period between the Commencement Date and the date the Medium Value Change is to be commenced; any lifecycle replacement and maintenance associated with additional works (or changes to the Works) are consistent with the lifecycle and maintenance profile of the Facilities envisaged in Section 4 (Project DBFM Co’s Proposals) of Schedule Part 6 (Construction Matters) including (without limitation) in terms of the replacement cycles for equipment, provided that Project DBFM Co must reflect improvements in technology that can optimise Whole Life Costs for the Authority; and the unit costs to be applied to the pricing of lifecycle replacement and maintenance is the equivalent unit rate set out in Part 2 (Unit Costs of Lifecycle Maintenance) of Appendix 2 of this Schedule Part 16 (Change Protocol) (index linked); any professional fees, contingencies, overheads and/or profit margins to be charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision for the Medium Value Change are the equivalent rates set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), or if the professional fees, contingencies, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), such other rates as the parties agree or failing agreement as may be determined under the Dispute Resolution Procedure as being consistent with those charged in current market conditions; unless the Authority’s requirements for the Medium Value Change specify a different quality than required by the Service Level Specification, the unit cost of any extension of, or change to, any Service (either in scope or area), taking into account the capacity of existing labour resources, is consistent with the equivalent unit rate set out in Part 4 of Appendix 2 to this Schedule Part 16 (Change Protocol); other than as referred to in paragraphs 263.1 4.1 to 263.3 4.3 of this Section 3 (Medium Value Changes) no charge shall be made in respect of Project DBFM Co’s time, or that of any Project DBFM Co Party spent processing, managing or monitoring the Medium Value Change (and no additional mark up or management fee shall be applied by Project DBFM Co); and where aspects of the Medium Value Change are not addressed by paragraphs 263.1 4.1 to 263.4 4.4 of this Section 3 (Medium Value Changes), they shall be costed on a fair and reasonable basis reflecting the then current market rates. In providing the Estimate Project DBFM Co must: use reasonable endeavours to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; demonstrate how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, reasonably foreseeable Changes in Law at that time have been taken into account; and demonstrate that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Medium Value Change concerned, has been taken into account in the amount which in its opinion has resulted or is required under paragraphs 262.7 3.7 and/or 262.8 3.8 of this Section 3; and provide written evidence of Project DBFM Co’s compliance with paragraphs 264.1 5.1 to 264.3 of 5.3of this Section 3.

Contractor’s Estimate. As soon as reasonably practicable and in any In the event within the time period agreed or determined pursuant to paragraph 261.4 of this Section 3, Project Co shall deliver to the Authority the Estimate. The Estimate must contain: that Owner contemplates making a detailed timetable for implementation of the Medium Value Change; any requirement for relief from compliance with obligations, including the obligations of Project Co to achieve the Actual Completion Date [an Actual Phase Completion Date] by the Completion Date [relevant Phase Completion Date] and to meet the requirements set out change in the Authority’s Construction Requirements and/or Work, Owner shall advise Contractor of same by issuing a Change Notice, and Owner and Contractor shall then promptly consult concerning the Service Level Specification during the implementation of the Medium Value Change; an outline of the proposed design solution cost and design, including an appropriate analysis/risk appraisal and, to the extent relevant, the impact on whole life costings; any impact on the provision Project Schedule and the Performance Guarantees of implementing the Works and/or proposed change, subject to Section 4.6.2.4. Following such consultation, Owner may request and Contractor shall, within five (5) Business Days after request by Owner or such additional period of time that Contractor reasonably requires to complete such estimate, prepare and deliver to Owner a detailed written estimate relating to the Services; a value for money justification for any contemplated change, including: (a) the proposed change in the Contract Price resulting from such change in accordance with the provisions of Section 4.6; (b) subject to the quality provisions of Section 4.5, the works effect such change could be expected to have on the Guaranteed Substantial Completion Date or any schedule; (c) the services comprised in potential effect of such change on Contractor's ability to comply with any of its obligations hereunder, including warranties and the Medium Value Change as compared Performance Guarantees; (d) suggested changes to the Works Milestone Payment Plan which are made necessary by such changes; (e) documentation reasonably sufficient to enable Owner and the Services; any amendment required Independent Engineer to this Agreement and/or any Project Document as determine the factors necessitating a result of the Medium Value Change; any Estimated Change in Project Costs that results from the Medium Value Change; any Capital Expenditure that is required or no longer required as a result of the Medium Value Change; amendments to existing Necessary Consents that are required; a payment schedule for any Capital Expenditure required to implement the Change, based on milestones where relevant; costs and details of (i) any other approvals required and/or due diligence permitted pursuant to paragraph 271 of this Section 3 (Medium Value Changes); and (ii) any Third Party Costs; the method of implementation Order and the proposed method of certification of any construction aspects of impact which the Medium Value ChangeChange Order is likely to have on the Contract Price, if not covered by the procedures specified in Clause 14 (Programme and Dates for Completion); Project Schedule, the Performance Guarantees and any other provision of this Agreement affected thereby; and (f) such other information requested by which Owner and the Authority Independent Engineer may reasonably request in connection with such Change Order in order to determine the Authority factors and impacts identified in Section 4.3.1(e) (including, with respect to Change Notice. together the "Estimate" In calculating the Estimated Change in Project Costs and/or the Capital Expenditure for the purposes of the EstimateOrders involving price changes, Project Co shall apply the following principles wherever applicable: unless the Authority’s requirements for the Medium Value Change specify a different quality as compared Contractor's pricing information relating to the Works: the unit basis and rationale for such change, but not including Contractor's internal cost of any construction or installation works or associated preliminaries (excluding any temporary or demolition works, professional fees, contingencies, overheads and profit margins) required to implement the Medium Value Change is the equivalent unit rate set out in Part 1 (Unit Cost for Construction or Installation Costs) of Appendix 2 of this Schedule Part 16 (Change Protocolinformation), uplifted using the DTI Pubsec index for construction cost inflation in the period between the Commencement Date and the date the Medium Value Change is to be commenced; any lifecycle replacement and maintenance associated with additional works (or changes to the Works) are consistent with the lifecycle and maintenance profile of the Facilities envisaged in Section 4 (Project Co’s Proposals) of Schedule Part 6 (Construction Matters) including (without limitation) in terms of the replacement cycles for equipment, provided that Project Co must reflect improvements in technology that can optimise Whole Life Costs for the Authority; and the unit costs to be applied to the pricing of lifecycle replacement and maintenance is the equivalent unit rate set out in Part 2 (Unit Costs of Lifecycle Maintenance) of Appendix 2 of this Schedule Part 16 (Change Protocol) (index linked); any professional fees, contingencies, overheads and/or profit margins to be charged by any consultant, sub-contractor or supplier in respect of construction and/or installation and/or lifecycle and/or service provision for the Medium Value Change are the equivalent rates set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), or if the professional fees, contingencies, overheads and profit margins being charged by consultants, sub-contractors and/or suppliers in current market conditions have changed significantly from those set out in Part 3 (Consultant, Sub-contractor or Supplier Fees) of Appendix 2 of this Schedule Part 16 (Change Protocol), such other rates as the parties agree or failing agreement as may be determined under the Dispute Resolution Procedure as being consistent with those charged in current market conditions; unless the Authority’s requirements for the Medium Value Change specify a different quality than required by the Service Level Specification, the unit cost of any extension of, or change to, any Service (either in scope or area), taking into account the capacity of existing labour resources, is consistent with the equivalent unit rate set out in Part 4 of Appendix 2 to this Schedule Part 16 (Change Protocol); other than as referred to in paragraphs 263.1 to 263.3 of this Section 3 (Medium Value Changes) no charge shall be made in respect of Project Co’s time, or that of any Project Co Party spent processing, managing or monitoring the Medium Value Change (and no additional mark up or management fee shall be applied by Project Co); and where aspects of the Medium Value Change are not addressed by paragraphs 263.1 to 263.4 of this Section 3 (Medium Value Changes), they shall be costed on a fair and reasonable basis reflecting the then current market rates. In providing the Estimate Project Co must: use reasonable endeavours to oblige its Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; demonstrate how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred, reasonably foreseeable Changes in Law at that time have been taken into account; and demonstrate that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Medium Value Change concerned, has been taken into account in the amount which in its opinion has resulted or is required under paragraphs 262.7 and/or 262.8 of this Section 3; and provide written evidence of Project Co’s compliance with paragraphs 264.1 to 264.3 of this Section 3.