Common use of Cost of Functions Variation Clause in Contracts

Cost of Functions Variation. (a) Subject to Section 8.2, the Fee will be adjusted for all Functions Variations or suspensions under Section 5.1(b) carried out by the Independent Certifier by: (1) the amount (if any) stated in the “Functions Variation Order” in accordance with Section 8.3(c); (2) if Section 8.4(a)(1) is not applicable, an amount determined pursuant to the fee schedule for Functions Variations in Schedule 2; or (3) where such rates or prices are not applicable, a reasonable amount to be agreed between the PA Parties and the Independent Certifier or, failing agreement, determined by the Authority’s and Project Co’s Design and Construction Representatives jointly, acting reasonably. (b) Any reductions in the Fee will be calculated on the same basis as any increases.

Cost of Functions Variation. (a) Subject to Section 8.2, the Fee will be adjusted for all Functions Variations or suspensions under Section 5.1(b) carried out by the Independent Certifier by: (1) the amount (if any) stated in the “Functions Variation Order” in accordance with Section 8.3(c); (2) if Section 8.4(a)(1) is not applicable, an amount determined pursuant to the fee schedule for Functions Variations in Schedule 22 [Fee]; or (3) where such rates or prices are not applicable, a reasonable amount to be agreed between the PA Parties and the Independent Certifier or, failing agreement, determined by the Authority’s and Project Co’s Design and Construction Representatives jointly, acting reasonably. (b) Any reductions in the Fee will be calculated on the same basis as any increases.

Cost of Functions Variation. ‌ (a) Subject to Section 8.2, the Fee will be adjusted for all Functions Variations or suspensions under Section 5.1(b) carried out by the Independent Certifier by: (1) the amount (if any) stated in the “Functions Variation Order” in accordance with Section 8.3(c);8.3(c);‌ (2) if Section 8.4(a)(1) is not applicable, an amount determined pursuant to the fee schedule for Functions Variations in Schedule 22 [Fee]; or (3) where such rates or prices are not applicable, a reasonable amount to be agreed between the PA Parties and the Independent Certifier or, failing agreement, determined by the Authority’s and Project Co’s Design and Construction Representatives jointly, acting reasonably. (b) Any reductions in the Fee will be calculated on the same basis as any increases.

Cost of Functions Variation. ‌ (a) Subject to Section 8.29.2, the Fee will be adjusted for all Functions Variations or suspensions under Section 5.1(b6.1(b) carried out by the Independent Certifier by: (1) the amount (if any) stated in the “Functions Variation Order” in accordance with Section 8.3(c);9.3(c);‌ (2) if Section 8.4(a)(19.4(a)(1) is not applicable, an amount determined pursuant to the fee schedule for Functions Variations in Schedule 2; or (3) where such rates or prices are not applicable, a reasonable amount to be agreed between the PA Parties and the Independent Certifier or, failing agreement, determined by the Authority’s and Project Co’s Design and Construction Representatives jointly, acting reasonably. (b) Any reductions in the Fee will be calculated on the same basis as any increases.

Cost of Functions Variation. (a) Subject to Section 8.2, the Fee will be adjusted for all Functions Variations or suspensions under Section 5.1(b) carried out by the Independent Certifier by: (1) the amount (if any) stated in the “Functions Variation Order” in accordance with Section 8.3(c); (2) if Section 8.4(a)(1) is not applicable, an amount determined pursuant to the fee schedule for Functions Variations in Schedule 22 [Fee]; or (3) where such rates or prices are not applicable, a reasonable amount to be agreed between the PA Parties and the Independent Certifier or, failing agreement, determined by the AuthorityProvince’s and Project Co’s Design and Construction Representatives jointly, acting reasonably. (b) Any reductions in the Fee will be calculated on the same basis as any increases.