Common use of Development Entity Changes Clause in Contracts

Development Entity Changes. (a) If the Development Entity wishes to introduce a change in the Project Services (a Development Entity Change), it must deliver written notice (the Development Entity Change Request) to the Department setting out the following: (i) the proposed change to the Project Services in sufficient detail to enable the Department to evaluate it in full; (ii) the Development Entity’s reasons for proposing the change to the Project Services; (iii) a request to the Department to consult with the Development Entity with a view to deciding whether to agree to the change to the Project Services and, if so, what consequential changes the Department requires due to the Development Entity Change; (iv) any implications of the change to the Project Services; (v) details regarding cost savings (if any) associated with proposed change to the Project Services; (vi) any dates by which a decision by the Department is critical; and (vii) all of the information enumerated above in Section 10.3(a). (b) The Department shall evaluate the Development Entity Change Request in good faith, taking into account all relevant issues, including whether: (i) the change affects the quality of the Project Services or the likelihood of successful delivery of the Project Services; (ii) the change will adversely interfere with the relationship of the Department with third parties; (iii) the financial strength of the Development Entity is sufficient to perform the changed Project Services; (iv) the residual value of the Project is reduced; or (v) the change materially affects the risk or costs to which the Department is exposed. (c) As soon as practicable after receiving the Development Entity Change Request, the Parties shall meet and discuss the matters referred to in it. During their discussions the Department may propose modifications or, subject to Section 10.6(g), approve or reject the Development Entity Change Request. Upon receipt of a Development Entity Change Request, the Department shall issue a response to the Development Entity as soon as practicable and in no event later than fifteen (15) days. (d) If the Department approves the Development Entity Change Request (with or without modification), the implementation of the relevant change to the Project Services shall be commenced within five (5) Business Days of the Department’s acceptance. Within this period, the Parties shall consult and agree on the remaining details and shall enter into an appropriate change order to give effect to the relevant Development Entity Change Request. (e) If the Department rejects the Development Entity Change Request, it shall not be obliged to give its reasons for such a rejection. (f) Unless the Department’s acceptance specifically agrees to an increase in the payments to be made to the Development Entity pursuant to this PPA, there shall be no increase in any payment to the Development Entity pursuant to this PPA as a result of a change to the Project Services proposed by the Development Entity. (g) The Department shall not be entitled to reject a Development Entity Change Request, which is required in order to conform to a Change in Law. The costs of introducing a change to the Project Services resulting from a Qualifying Change in Law (including any resulting variation in the Monthly Payments) shall be calculated and paid in accordance with Article 13 (Change in Law), and to the extent such costs are not compensable pursuant to Article 13 (Change in Law), they shall be borne by the Development Entity.

Development Entity Changes. (a) If the Development Entity wishes to introduce a change in the Project Services (a Development Entity Change), it must deliver written notice (the Development Entity Change Request) to the Department setting out the following: (i) the proposed change to the Project Services in sufficient detail to enable the Department to evaluate it in full; (ii) the Development Entity’s reasons for proposing the change to the Project Services; (iii) a request to the Department to consult with the Development Entity with a view to deciding whether to agree to the change to the Project Services and, if so, what consequential changes the Department requires due to the Development Entity Change; (iv) any implications of the change to the Project Services; (v) details regarding cost savings (if any) associated with the proposed change to the Project Services; (vi) any dates by which a decision by the Department is critical; and (vii) all of the information enumerated above in Section 10.3(a). (b) The Department shall evaluate the Development Entity Change Request in good faith, taking into account all relevant issues, including whether: (i) the change affects the quality of the Project Services or the likelihood of successful delivery of the Project Services; (ii) the change will adversely interfere with the relationship of the Department with third parties; (iii) the financial strength of the Development Entity is sufficient to perform the changed Project Services; (iv) the residual value of the Project is reduced; or (v) the change materially affects the risk or costs to which the Department is exposed. (c) As soon as practicable after receiving the Development Entity Change Request, the Parties shall meet and discuss the matters referred to in it. During their discussions the Department may propose modifications or, subject to Section 10.6(g), approve or reject the Development Entity Change Request. Upon receipt of a Development Entity Change Request, the Department shall issue a response to the Development Entity as soon as practicable and in no event later than fifteen (15) days. (d) If the Department approves the Development Entity Change Request (with or without modification), the implementation of the relevant change to the Project Services shall be commenced within five (5) Business Days of the Department’s acceptance. Within this period, the Parties shall consult and agree on the remaining details and shall enter into an appropriate change order to give effect to the relevant Development Entity Change Request. (e) If the Department rejects the Development Entity Change Request, it shall not be obliged to give its reasons for such a rejection. (f) Unless the Department’s acceptance specifically agrees to an increase in the payments to be made to the Development Entity pursuant to this PPA, there shall be no increase in any payment to the Development Entity pursuant to this PPA as a result of a change to the Project Services proposed by the Development Entity. (g) The Department shall not be entitled to reject a Development Entity Change Request, which Request that is required in order to conform to a Change in Law. The costs of introducing a change to the Project Services resulting from a Qualifying Change in Law (including any resulting variation in the Monthly Payments) shall be calculated and paid in accordance with Article 13 Section 12.4 (Change in Law), ) and to the extent such costs are not compensable pursuant to Article 13 Section 12.4 (Change in Law), they shall be borne by the Development Entity.

Development Entity Changes. (a) If the Development Entity wishes to introduce a change in the Project Services Work (a Development Entity Change), it must deliver written notice (the Development Entity Change Request) to the Department setting out the following: (i) the proposed change to the Project Services Works in sufficient detail to enable the Department to evaluate it in full; (ii) the Development Entity’s reasons for proposing the change to the Project ServicesWorks; (iii) a request to the Department to consult with the Development Entity with a view to deciding whether to agree to the change to the Project Services Works and, if so, what consequential changes the Department requires due to the Development Entity Change; (iv) any implications of the change to the Project ServicesWorks; (v) details regarding cost savings (if any) associated with proposed change variations to the Project ServicesAvailability Payment, if any (and, if so, giving a detailed cost estimate of such proposed change); (vi) any dates by which a decision by the Department is critical; and (vii) all of the information enumerated above in Section 10.3(a). (b) The Department shall evaluate the Development Entity Change Request in good faith, taking into account all relevant issues, including whether: (i) a change in the Availability Payments will occur; (ii) the change affects the quality of the Project Services Works or the likelihood of successful delivery of the Project ServicesWorks; (iiiii) the change will adversely interfere with the relationship of the Department with third parties; (iiiiv) the financial strength of the Development Entity is sufficient to perform the changed Project ServicesWork; (ivv) the residual value of the Project is reduced; or (vvi) the change materially affects the risk or costs to which the Department is exposed. (c) As soon as practicable after receiving the Development Entity Change Request, the Parties shall meet and discuss the matters referred to in it. During their discussions the Department may propose modifications or, subject to Section 10.6(g), approve or reject the Development Entity Change Request. Upon receipt of a Development Entity Change Request, the Department shall issue a response to the Development Entity as soon as practicable and in no event later than fifteen (15) days. (d) If the Department approves the Development Entity Change Request (with or without modification), the implementation of the relevant change to the Project Services Works shall be commenced within five (5) Business Days of the Department’s acceptance. Within this period, the Parties shall consult and agree on the remaining details and shall enter into an appropriate change order to give effect to the relevant Development Entity Change Request. (e) If the Department rejects the Development Entity Change Request, it shall not be obliged to give its reasons for such a rejection. (f) Unless the Department’s acceptance specifically agrees to an increase in the payments to be made to the Development Entity pursuant to this PPA, Availability Payments there shall be no increase in any payment to the Development Entity pursuant to this PPA Availability Payments as a result of a change to the Project Services Works proposed by the Development Entity. (g) The Department shall not be entitled to reject a Development Entity Change Request, which is required in order to conform to a Change in Law. The costs of introducing a change to the Project Services Work resulting from a Qualifying Change in Law (including any resulting variation in the Monthly Availability Payments) shall be calculated and paid in accordance with Article 13 (Change in Law), and to the extent such costs are not compensable pursuant to Article 13 (Change in Law), they shall be borne by the Development Entity.