Independent Engineer to provide report. If the Project Manager gives a Variation Notice, the Independent Engineer must promptly (and, in any event, at least one Business Day prior to the date on which the meeting referred to in clause 9.5(a) is to be held) give the Parties and the PUH Engineer a written report specifying:
(a) if the Variation Notice is given under clause 9.2, whether or not, in the Independent Engineer’s reasonable opinion:
(i) the Scope Change Event specified in the Variation Notice has occurred; and
(ii) the proposed variation to the Scope of Works for the Segment is reasonable as a result of the Scope Change Event and whether any alternatives to the variation have been considered and the reasonableness or otherwise of those alternatives, including reasonable details of the reasons for the Independent Engineer’s opinion in relation to those matters;
(b) if the Project Manager requests the consent of the Trustee to vary the Target Cost and/or Target Available Date for the Segment under a Variation Notice given under clause 9.1 or 9.2:
(i) whether or not, in the Independent Engineer’s reasonable opinion, the variation to the Target Cost and/or Target Available Date (as applicable) for the Segment proposed in the Variation Notice is or are reasonable as a result of the variation to the Scope of Works for the Segment proposed in the Variation Notice; and/or
(ii) if not, the variation(s) to the Target Cost and/or Target Available Date (as applicable) for the Segment which, in the Independent Engineer’s reasonable opinion, is or are reasonable as a result of the variation to the Scope of Works for the Segment proposed in the Variation Notice, including reasonable details of the reasons for the Independent Engineer’s opinion in relation to those matters;
(c) a recommendation by the Independent Engineer as to whether the variation(s) proposed in the Variation Notice should be accepted, rejected or accepted with amendment, including reasonable details of the reasons for the Independent Engineer’s recommendation; and
(d) any other matter the Independent Engineer considers relevant in respect of the variation(s) proposed in the Variation Notice.
Independent Engineer to provide report. If the Project Manager gives an Acceleration Variation Notice, the Independent Engineer must promptly (and, in any event, at least one Business Day prior to the date on which the meeting referred to in clause 10.5(a) is to be held) give the Parties and the PUH Engineer a written report specifying:
(a) whether or not, in the Independent Engineer’s reasonable opinion, the actions which are proposed to be undertaken to give effect to the proposed Acceleration by the proposed varied Target Available Date are reasonable;
(b) if the Acceleration Variation Notice requests the consent of the Trustee to vary the Target Cost for the Segment as proposed in the Acceleration Variation Notice, whether or not, in the Independent Engineer’s reasonable opinion, the proposed variation to the Target Cost for the Segment is reasonable as a result of the additional Project Costs reasonably likely to be Incurred to carry out the Works for the Segment by the proposed varied Target Available Date;
(c) a recommendation by the Independent Engineer as to whether the variation(s) proposed in the Acceleration Variation Notice should be accepted, rejected or accepted with amendment; and
(d) any other matter the Independent Engineer considers relevant in respect of the variation(s) proposed in the Acceleration Variation Notice.
Independent Engineer to provide report. If:
(a) clause 6.5(a) applies; and
(b) the Responding Party:
(i) does not give the Initiating Party an Alternative Deferred Decision Notice under, and within the time required under, and in the time required by, clause 6.5(a); or
(ii) gives the Initiating Party an Alternative Deferred Decision Notice under, and within the time required by, clause 6.5(a) and the Initiating Party notifies (or is deemed to have notified) the Responding Party under clause 6.5(b) that it does not consent to the variation(s) proposed in the Alternative Deferred Decision Notice, then the Independent Engineer must promptly (and, in any event, at least one Business Day prior to the date on which the meeting referred to in clause 6.7(a) is to be held) give the Parties and the PUH Engineer a written report specifying:
(c) whether or not, in the Independent Engineer’s reasonable opinion the variation(s) proposed in each of the Deferred Decision Notice and the Alternative Deferred Decision Notice (if the Responding Party has given an Alternative Deferred Decision Notice) comply with the Determination Requirements, including reasonable details of the reasons for the Independent Engineer’s opinion in relation to those matters;
(d) what determinations the Independent Engineer would make in accordance with clauses 25.3 and 6.9 if clause 6.9(a) applied and the Independent Engineer was the Expert for the purposes of clauses 25.3 and 6.9; and
(e) any other matter the Independent Engineer considers relevant in respect of the variation(s) proposed in each of the Deferred Decision Notice and the Alternative Deferred Decision Notice (if given by the Responding Party).
Independent Engineer to provide report. If:
(a) clause 12.4(a) applies; and
(b) the Responding Party:
(i) does not give the Initiating Party an Alternative Material Change Notice under, and within the time required clause 12.4(a); or
(ii) gives the Initiating Party an Alternative Material Change Notice under, and within the time required by, clause 12.4(a) and the Initiating Party notifies (or is deemed to have notified) the Responding Party under clause 12.4(b) that it does not consent to the variation(s) proposed in the Alternative Material Change Notice, then the Independent Engineer must promptly (and, in any event, at least one Business Day prior to the date on which the meeting referred to in clause 12.6(a) is to be held) give the Parties and the PUH Engineer a written report specifying:
(c) whether or not, in the Independent Engineer’s reasonable opinion the variation(s) proposed in each of the Material Change Notice and the Alternative Material Change Notice (if given by the Responding Party) comply with the Determination Requirements, including reasonable details of the reasons for the Independent Engineer’s opinion in relation to those matters; and
(d) what determinations the Independent Engineer would make in accordance with clauses 25.3 and 12.8 if clause 12.8(a) applied and the Independent Engineer was the Expert for the purposes of clauses 25.3 and 12.8; and
(e) any other matter the Independent Engineer considers relevant in respect of the variation(s) proposed in each of the Material Change Notice and the Alternative Material Change Notice (if given by the Responding Party).
