Decant Protocol. The Parties agree to perform their respective obligations under the Decant Protocol. Notwithstanding anything to the contrary in this Agreement, where the only failure(s) to satisfy the Services Availability Requirements [or the Post Completion Works Acceptance Requirements (as the case may be)] in relation to a School arise as a direct result of a breach by the Authority of its obligations contained in the Decant Protocol, then: the Independent Certifier shall issue an Acceptance Certificate if it is satisfied all the other Service Availability Requirements [or the Post Completion Works Acceptance Requirements (as the case may be)] have been met in relation to the relevant School; and the Parties shall agree, acting reasonably, any necessary revision to the decanting timetable for the relevant School in accordance with the Decant Protocol. To the extent that the Contractor subsequently breaches the Decant Protocol in relation to the relevant School, the provisions of Schedule 6 (Payment Mechanism) shall apply. If by the date that falls ten (10) Business Days after the ICT Handover Date the Contractor has not completed its obligations under paragraphs 7 and 16.4 of the Decant Protocol the Authority shall be entitled to employ an alternative contractor to carry out those activities and shall be entitled to be reimbursed by the Contractor for all costs properly and reasonably incurred in the carrying out of any such activities. ICT Installer’s acts/omissions and the Acceptance Certificate Subject to clauses 20.10.2 the Parties acknowledge that notwithstanding that the ICT Handover Acceptance Certificate has been issued, the Independent Tester shall be entitled to refuse to issue the Acceptance Certificate on the basis that on the date of inspection pursuant to clause 20.1.2 the ICT Handover Requirements are no longer being met in respect of the School. Where the Contractor can show that the ICT Installer has caused the ICT Handover Requirements to not be met upon the inspection referred to in clause 20.10.1 the Acceptance Certificate will be issued and the Authority’s remedy shall be against the ICT Installer and not the Contractor. DELAY AND SUPERVENING UNAVAILABILITY Liquidated Damages/Provision of Temporary Accommodation OPTION 1:
Decant Protocol. The provisions of the D&B Contract ensure that there is an agreed arrangement for decant existing between the Authority and the LEP or the National Framework Contractor. The Academy will not be a direct party to that protocol and therefore the Authority will need to establish background arrangements with the Academy that reflects in turn the protocol. As the protocol will need to be developed on a project specific basis no provision has been made within the Agreement defining the obligations of the parties and the way in which consultation will occur in relation to changes to the protocol. These matters should be established on a project specific basis having regard to such matters as the construction programme, phasing and use of temporary accommodation. Consideration should also be given in relation to the provision of ICT within the Academy facilities and any decanting arrangements that should be provided for.
Decant Protocol. 1.9The Parties agree to perform their respective obligations under the Decant Protocol.
