Common use of Monitoring and Administration Costs Clause in Contracts

Monitoring and Administration Costs. The Owners and Developer covenant as follows: 5.1. Subject to the following provisions in paragraphs 5.2 to 5.9, to pay the Monitoring and Administration Costs to the Council on a monthly basis within 20 working days of receiving an invoice from the Council with this obligation beginning from the date on which the Owners or Developer (as the case may be) gives notice to the Council under clause 11.1.1 or the appointment of the Independent Surveyor (whichever is the earlier) until the end of the Aftercare Period. 5.2. The liability on the part of the Owners or Developer (as the case may be) to pay the Monitoring and Administration Costs under this Deed shall be subject to the following:- 5.2.1 the financial liability of the Owners and/or the Developer (as the case may be) shall not in any one calendar year exceed the sum of £15,000 plus up to an additional £15,000 in any year in which there is a Proposed GHG Report or Extraordinary GHG Report submitted to the Council pursuant to paragraph 12 hereof (provided that the limit per review initiated pursuant to the provisions of paragraph 12 shall be £15,000 per review if the said review takes place over more than one calendar year). For the avoidance of doubt, the liability shall also not exceed the Monitoring and Administration Costs actually incurred by the Council; 5.2.2 the charging relates exclusively to the Council's recovery of its costs for the provision of services associated with the Monitoring and Administration Costs in relation to this Deed which it is authorised to provide; 5.2.3 the payments are on a not for profit basis (year by year) and, taking one year with another, the income from the charges for such services must not exceed the cost of providing them; 5.2.4 there shall be full transparency between the Council and the Owners or Developer (as the case may be) with regard to costs incurred; 5.2.5 the sole basis for charging is that the Council can recover resources expended on the services associated with the Monitoring and Administration Costs and carry out the monitoring, implementation and administering of the provisions in this Deed including in respect of the Restoration Securities and Reviews in accordance with the terms of this Deed; 5.2.6 the Council shall use all reasonable endeavours to keep costs payable by the Owners and/or Developer (as the case may be) under this Deed to a minimum including but not limited to making the best use of available information having due regard to statutory obligations; and 5.2.7 the Owners or Developer (as the case may be) and the Council shall use reasonable endeavours to agree the scope of forthcoming work for the Council’s monitoring, implementation and administering of the provisions in this Deed including in respect of the Restoration Securities and Reviews and the Owners and/or Developer (as the case may be) do not have to pay for any work forming part of (or contributing to the development of) work outside of that scope on which the Owners or Developer (as the case may be) have not given their prior written approval. 5.3. In the event that anticipated resource expenditure required to complete any agreed scope of work is reasonably expected to exceed the authorised expenditure limit, the Council shall immediately notify the Owners or Developer (as the case may be) in writing and no further financial commitment shall be entered into in respect of the relevant work stream within that scope of work until either the Owners or Developer (as the case may be) have agreed in writing or the Council has chosen to pursue that work stream (or relevant part of it) using its/their own sources of funding. 5.4. Subject to paragraph 5.5, costs eligible for charging to the Owners and/or Developer (as the case may be) shall be based on the following: 5.4.1. where the work is carried out by third parties under contract, on the amounts invoiced to the Council (accompanied by appropriate narratives and timesheets) up to and not exceeding the value agreed upon on letting the contract, except for work that is additional and necessary but not previously agreed PROVIDED ALWAYS that the Owners or the Developer (as the case may be) have first of all given their approval to the appointment of such advisors or contractors and the terms on which such advisors or contractors are so appointed; and 5.4.2. where the work is carried out by the Council's employees, on the normal rates used for such employees under planning performance agreements or as otherwise agreed between the Owners or Developer (as the case may be) and the Council, and on the internal staff resources necessary and committed in the agreed scope of work. 5.5. Any charging by the Council and agreed by the Owners or Developer (as the case may be) shall be carried out in accordance with the charging principles in this paragraph 5 and the provisions of section 93 of the Local Government Act 2003, any relevant Government guidance and the guidance and requirements of the professional codes of practice issued by CIPFA from time to time. 5.6. For the avoidance of doubt the Owners and Developer offer no commitment to fund any part of the Council's expenditure in respect of any scope of work which exceeds the authorised expenditure limit for the agreed scope of work until the Owners or Developer (as the case may be) have approved such expenditure but notwithstanding that the Council shall be free to continue with any work under such scope of work as it sees fit and at its own cost. The Council will similarly limit work to remain within the limits of the agreed scope of work and where it becomes necessary to utilise additional resources shall seek agreement for further funding from the Owners or Developer (as the case may be) separately as appropriate. 5.7. The parties agree that nothing in this paragraph 5 shall require the Owners and/or Developer (as the case may be) to fund any other mitigation measures related to the Development. Such matters are to be dealt with separately as appropriate. 5.8. The parties acknowledge the right of the Owners or Developer (as the case may be) to perform regular audits of any matter relating to this paragraph 5 and the Council will provide the Owners or Developer (as the case may be) with all necessary assistance, including but not limited to access to information, staff, contractors and premises. 5.9. The obligations in paragraph 5 shall take effect from the date the Owners or Developer (as the case may be) give the Council notice under clause 11.1.1 or the appointment of the Independent Surveyor (whichever is the earlier).

Monitoring and Administration Costs. The Owners and Developer covenant as follows: 5.1. Subject to the following provisions in paragraphs 5.2 to 5.9, to pay the Monitoring and Administration Costs to the Council on a monthly basis within 20 working days of receiving an invoice from the Council with this obligation beginning from the date on which the Owners or Developer (as the case may be) gives notice to the Council under clause 11.1.1 or the appointment of the Independent Surveyor (whichever is the earlier) until the end of the Aftercare Period. 5.2. The liability on the part of the Owners or Developer (as the case may be) to pay the Monitoring and Administration Costs under this Deed shall be subject to the following:- 5.2.1 the financial liability of the Owners and/or the Developer (as the case may be) shall not in any one calendar year exceed the sum of £15,000 plus up to an additional £15,000 in any year in which there is a Proposed GHG Report or Extraordinary GHG Report submitted to the Council pursuant to paragraph 12 hereof (provided that the limit per review initiated pursuant to the provisions of paragraph 12 shall be £15,000 per review if the said review takes place over more than one calendar year). For the avoidance of doubt, the liability shall also not exceed the Monitoring and Administration Costs actually incurred by the Council; 5.2.2 the charging relates exclusively to the Council's recovery of its costs for the provision of services associated with the Monitoring and Administration Costs in relation to this Deed which it is authorised to provide; 5.2.3 the payments are on a not for profit basis (year by year) and, taking one year with another, the income from the charges for such services must not exceed the cost of providing them; 5.2.4 there shall be full transparency between the Council and the Owners or Developer (as the case may be) with regard to costs incurred; 5.2.5 the sole basis for charging is that the Council can recover resources expended on the services associated with the Monitoring and Administration Costs and carry out the monitoring, implementation and administering of the provisions in this Deed including in respect of the Restoration Securities and Reviews in accordance with the terms of this Deed; 5.2.6 the Council shall use all reasonable endeavours to keep costs payable by the Owners and/or Developer (as the case may be) under this Deed to a minimum including but not limited to making the best use of available information having due regard to statutory obligations; and 5.2.7 the Owners or Developer (as the case may be) and the Council shall use reasonable endeavours to agree the scope of forthcoming work for the Council’s monitoring, implementation and administering of the provisions in this Deed including in respect of the Restoration Securities and Reviews and the Owners and/or Developer (as the case may be) do not have to pay for any work forming part of (or contributing to the development of) work outside of that scope on which the Owners or Developer (as the case may be) have not given their prior written approval. 5.3. In the event that anticipated resource expenditure required to complete any agreed scope of work is reasonably expected to exceed the authorised expenditure limit, the Council shall immediately notify the Owners or Developer (as the case may be) in writing and no further financial commitment shall be entered into in respect of the relevant work stream within that scope of work until either the Owners or Developer (as the case may be) have agreed in writing or the Council has chosen to pursue that work stream (or relevant part of it) using its/their own sources of funding. 5.4. Subject to paragraph 5.5, costs eligible for charging to the Owners and/or Developer (as the case may be) shall be based on the following: 5.4.1. where the work is carried out by third parties under contract, on the amounts invoiced to the Council (accompanied by appropriate narratives and timesheets) up to and not exceeding the value agreed upon on letting the contract, except for work that is additional and necessary but not previously agreed PROVIDED ALWAYS that the Owners or the Developer (as the case may be) have first of all given their approval to the appointment of such advisors or contractors and the terms on which such advisors or contractors are so appointed; and 5.4.2. where the work is carried out by the Council's employees, on the normal rates used for such employees under planning performance agreements or as otherwise agreed between the Owners or Developer (as the case may be) and the Council, and on the internal staff resources necessary and committed in the agreed scope of work. 5.5. Any charging by the Council and agreed by the Owners or Developer (as the case may be) shall be carried out in accordance with the charging principles in this paragraph 5 and the provisions of section 93 of the Local Government Act 2003Xxx 0000, any relevant Government guidance and the guidance and requirements of the professional codes of practice issued by CIPFA from time to time. 5.6. For the avoidance of doubt the Owners and Developer offer no commitment to fund any part of the Council's expenditure in respect of any scope of work which exceeds the authorised expenditure limit for the agreed scope of work until the Owners or Developer (as the case may be) have approved such expenditure but notwithstanding that the Council shall be free to continue with any work under such scope of work as it sees fit and at its own cost. The Council will similarly limit work to remain within the limits of the agreed scope of work and where it becomes necessary to utilise additional resources shall seek agreement for further funding from the Owners or Developer (as the case may be) separately as appropriate. 5.7. The parties agree that nothing in this paragraph 5 shall require the Owners and/or Developer (as the case may be) to fund any other mitigation measures related to the Development. Such matters are to be dealt with separately as appropriate. 5.8. The parties acknowledge the right of the Owners or Developer (as the case may be) to perform regular audits of any matter relating to this paragraph 5 and the Council will provide the Owners or Developer (as the case may be) with all necessary assistance, including but not limited to access to information, staff, contractors and premises. 5.9. The obligations in paragraph 5 shall take effect from the date the Owners or Developer (as the case may be) give the Council notice under clause 11.1.1 or the appointment of the Independent Surveyor (whichever is the earlier).

Monitoring and Administration Costs. The Owners and Developer covenant as follows: 5.1. Subject to the following provisions in paragraphs 5.2 to 5.9, to pay the Monitoring and Administration Costs to the Council on a monthly basis within 20 working days of receiving an invoice from the Council with this obligation beginning from the date on which the Owners or Developer (as the case may be) gives notice to the Council under clause 11.1.1 or of the appointment of the Independent Surveyor (whichever is the earlier) until the end of the Aftercare Period. 5.2. The liability on the part of the Owners or Developer (as the case may be) to pay the Monitoring and Administration Costs under this Deed shall be subject to the following:- 5.2.1 the financial liability of the Owners and/or the Developer (as the case may be) shall not in any one calendar year exceed the sum of £15,000 1015,000 plus up to an additional £15,000 515,000 in any year in which there is a Proposed GHG Report or Extraordinary GHG Report submitted to the Council pursuant to paragraph 12 hereof (provided that the limit per review initiated pursuant to the provisions of paragraph 12 shall be £15,000 515,000 per review annumreview if the said review takes place over more than one calendar year). For the avoidance of doubt, the liability shall also not exceed the Monitoring and Administration Costs actually incurred by the Council; 5.2.2 the charging relates exclusively to the Council's recovery of its costs for the provision of services associated with the Monitoring and Administration Costs in relation to this Deed which it is authorised to provide; 5.2.3 the payments are on a not for profit basis (year by year) and, taking one year with another, the income from the charges for such services must not exceed the cost of providing them; 5.2.4 there shall be full transparency between the Council and the Owners or Developer (as the case may be) with regard to costs incurred; 5.2.5 the sole basis for charging is that the Council can recover resources expended on the services associated with the Monitoring and Administration Costs and carry out the monitoring, implementation and administering of the provisions in this Deed including in respect of the Restoration Securities and Reviews in accordance with the terms of this Deed; 5.2.6 the Council shall use all reasonable endeavours to keep costs payable by the Owners and/or Developer (as the case may be) under this Deed to a minimum including but not limited to making the best use of available information having due regard to statutory obligations; and 5.2.7 the Owners or Developer (as the case may be) and the Council shall use reasonable endeavours to agree the scope of forthcoming work for the Council’s monitoring, implementation and administering of the provisions in this Deed including in respect of the Restoration Securities and Reviews and the Owners and/or Developer (as the case may be) do not have to pay for any work forming part of (or contributing to the development of) work outside of that scope on which the Owners or Developer (as the case may be) have not given their prior written approval. 5.3. In the event that anticipated resource expenditure required to complete any agreed scope of work is reasonably expected to exceed the authorised expenditure limit, the Council shall immediately notify the Owners or Developer (as the case may be) in writing and no further financial commitment shall be entered into in respect of the relevant work stream within that scope of work until either the Owners or Developer (as the case may be) have agreed in writing or the Council has chosen to pursue that work stream (or relevant part of it) using its/their own sources of funding. 5.4. Subject to paragraph 5.5, costs eligible for charging to the Owners and/or Developer (as the case may be) shall be based on the following: 5.4.1. where the work is carried out by third parties under contract, on the amounts invoiced to the Council (accompanied by appropriate narratives and timesheets) up to and not exceeding the value agreed upon on letting the contract, except for work that is additional and necessary but not previously agreed PROVIDED ALWAYS that the Owners or the Developer (as the case may be) have first of all given their approval to the appointment of such advisors or contractors and the terms on which such advisors or contractors are so appointed; and 5.4.2. where the work is carried out by the Council's employees, on the normal rates used for such employees under planning performance agreements or as otherwise agreed between the Owners or Developer (as the case may be) and the Council, and on the internal staff resources necessary and committed in the agreed scope of work. 5.5. Any charging by the Council and agreed by the Owners or Developer (as the case may be) shall be carried out in accordance with the charging principles in this paragraph 5 and the provisions of section 93 of the Local Government Act 2003, any relevant Government guidance and the guidance and requirements of the professional codes of practice issued by CIPFA from time to time. 5.6. For the avoidance of doubt the Owners and Developer offer no commitment to fund any part of the Council's expenditure in respect of any scope of work which exceeds the authorised expenditure limit for the agreed scope of work until the Owners or Developer (as the case may be) have approved such expenditure but notwithstanding that the Council shall be free to continue with any work under such scope of work as it sees fit and at its own cost. The Council will similarly limit work to remain within the limits of the agreed scope of work and where it becomes necessary to utilise additional resources shall seek agreement for further funding from the Owners or Developer (as the case may be) separately as appropriate. 5.7. The parties agree that nothing in this paragraph 5 shall require the Owners and/or Developer (as the case may be) to fund any other mitigation measures related to the Development. Such matters are to be dealt with separately as appropriate. 5.8. The parties acknowledge the right of the Owners or Developer (as the case may be) to perform regular audits of any matter relating to this paragraph 5 and the Council will provide the Owners or Developer (as the case may be) with all necessary assistance, including but not limited to access to information, staff, contractors and premises. 5.9. The obligations in paragraph 5 shall take effect from the date the Owners or Developer (as the case may be) give the Council notice under clause 11.1.1 or the appointment of the Independent Surveyor (whichever is the earlier).