No Retendering Sample Clauses

No Retendering. The Authority may elect not to retender the Project or it may be that there is no Liquid Market, in which case the Authority will instead pay to PPP Co an assessed value of the amount it would have received through an appropriate retender process (net of costs) that is, if a Liquid Market had existed (the “Estimated Fair Value of the Contract”). Estimated Fair Value computations are conducted by forecasting the full unitary charge from the date of termination to the expiry of the Project Agreement (ignoring any deductions for performance or availability), from which the estimated costs of delivering the service to the required standard in the output specification (this includes the running costs, lifecycle costs and any rectification costs) are deducted to arrive at the estimated operating cash-flow stream which, had a liquid market existed and the project been re-tendered, a hypothetical bidder would have valued to determine the amount to bid for the project. The first point to consider in making this computation is whether this computation should be conducted in nominal terms (i.e. using current prices) or in real terms (i.e. using constant prices). For contracts with 100% indexation to RPI, it should not normally matter since both methods would return the identical result. However, it is easier and safer to conduct the analysis in nominal terms because:
Sample 1
No Retendering. If clause 45.1.2 is satisfied, or the Authority elects to require an expert determination in accordance with this clause No Retendering, the following provisions shall apply: 45.3.1 Subject to clause 45.3.2, the Contractor shall not be entitled to receive any Post Termination Service Amount. 45.3.2 If the Authority elects to require an expert determination in accordance with this clause No Retendering after it has elected to follow the procedure under clause Retendering, then the Authority shall continue to pay to the Contractor each Post Termination Service Amount until the Compensation Date, in accordance with clause Retendering. 45.3.3 In agreeing or determining the Estimated Fair Value of the Agreement, the parties shall be obliged to follow the principles set out below: (A) all forecast amounts shall be calculated on a “real” basis; (B) the total of all payments of the Unitary Charge forecast to be made over the term of the Deemed New Contract and shall be calculated and discounted back at the real base case project IRR; (C) the total of all costs forecast to be incurred by the Authority as a result of termination shall be calculated and discounted at the real base case project IRR, such costs to include (without double counting): (1) a reasonable risk assessment of any cost overruns that will arise, whether or not forecast in the relevant base case; (2) the costs of the Services forecast to be incurred by the Authority in providing the Services to the standard required; and (3) any rectification costs required to deliver the Services or the Schools to the standard required (including any costs forecast to be incurred by the Authority to complete construction or development work and additional operating costs required to restore operating services standards) in each case such costs to be forecast at a level that will deliver the full Base Unitary Charge 45.3.4 If the parties cannot agree on the Estimated Fair Value of the Agreement on or before the date falling 30 days after the date on which the Authority elected to require an expert determination in accordance with this clause No Retendering, then the Estimated Fair Value of the Agreement shall be determined in accordance with the Dispute Resolution Procedure. 45.3.5 The Authority shall pay to the Contractor an amount equal to the Adjusted Estimated Fair Value of the Agreement either by way of a lump sum payment on the date falling 28 days after the date on which the Adjusted Estimated Fair Value of...
Sample 1
No Retendering. 3.1 Subject to Clause 45.3.2, the Contractor will not be entitled to receive any Post Termination Service Amount.
Sample 1
No Retendering. 4.1 Subject to paragraph 4.2, if the provisions of this paragraph 4 (No Retendering) apply the Company shall not be entitled to receive any Post Termination Service Amount. 4.2 If the Scottish Ministers elect to follow the no retendering procedure in accordance with this paragraph 4 (No Retendering) after it has elected to follow the procedure under paragraph 3 (Retendering), then the Scottish Ministers shall continue to pay the Company each Post Termination Service Amount until the Compensation Date, in accordance with paragraph 3 (Retendering). 4.3 In agreeing or determining the Estimated Fair Value of the Agreement the parties shall be obliged to follow the principles set out below: 4.3.1 all forecast amounts of revenues and costs should be calculated in nominal terms at current prices, recognising the adjustment for indexation in respect of forecast inflation between the date of calculation and the forecast payment date(s) as set out in this Agreement; 4.3.2 the total of all payments of the full Unitary Charge (without deductions) forecast to be made from the Termination Date to the Expiry Date shall be calculated and discounted at the Termination Date Discount Rate; 4.3.3 the total of all costs reasonably forecast to be incurred by the Scottish Ministers as a result of termination shall be calculated and discounted at the Termination Date Discount Rate and deducted from the payment calculated pursuant to paragraph
Sample 1

Related to No Retendering

  • Evaluation of Tenders 33.1 The Procuring Entity shall use the criteria and methodologies listed in this ITT and Section III, Evaluation and Qualification criteria. No other evaluation criteria or methodologies shall be permitted. By applying the criteria and methodologies, the Procuring Entity shall determine the Lowest Evaluated Tender. This is the Tender of the Tenderer that meets the qualification criteria and whose Tender has been determined to be: a) substantially responsive to the tender documents; and b) the lowest evaluated price. 33.2 Price evaluation will be done for Items or Lots (contracts), as specified in the TDS; and the Tender Price as quoted in accordance with ITT 14. To evaluate a Tender, the Procuring Entity shall consider the following: a) price adjustment due to unconditional discounts offered in accordance with ITT 13.4; b) converting the amount resulting from applying (a) and (b) above, if relevant, to a single currency in accordance with ITT 31; c) price adjustment due to quantifiable nonmaterial non-conformities in accordance with ITT 29.3; and d) any additional evaluation factors specified in the TDS and Section III, Evaluation and Qualification Criteria. 33.3 The estimated effect of the price adjustment provisions of the Conditions of Contract, applied over the period of execution of the Contract, shall not be considered in Tender evaluation. 33.4 Where the tender involves multiple lots or contracts, the tenderer will be allowed to tender for one or more lots (contracts). Each lot or contract will be evaluated in accordance with ITT 33.

  • No Frustration The Company shall not enter into, announce or recommend to its stockholders any agreement, plan, arrangement or transaction in or of which the terms thereof would restrict, materially delay, conflict with or impair the ability or right of the Company to perform its obligations under the Transaction Documents to which it is a party, including, without limitation, the obligation of the Company to deliver the Shares to the Investor in respect of an Advance Notice.

  • Payment for Reactive Power NYISO shall pay Developer for reactive power or voltage support service that Developer provides from the Large Generating Facility in accordance with the provisions of Rate Schedule 2 of the NYISO Services Tariff.

  • Cost of Tendering 8.1 The Tenderer shall bear all costs associated with the preparation and submission of its Tender, and the Procuring Entity shall not be responsible or liable for those costs, regardless of the conduct or outcome of the Tendering process.

  • SBC-13STATE shall provide to CLEC Interconnection of the Parties’ facilities and equipment for the transmission and routing of Telephone Exchange Service traffic and Exchange Access traffic pursuant to the applicable Appendix ITR, which is/are attached hereto and incorporated herein by reference. Methods for Interconnection and Physical Architecture shall be as defined in the applicable Appendix NIM, which is/are attached hereto and incorporated herein by reference.

  • National Shopping Goods estimated to cost less than $50,000 equivalent per contract, may be procured under contracts awarded on the basis of national shopping procedures in accordance with the provisions of paragraphs 3.5 and 3.6 of the Guidelines.

  • Qualification of the Tenderer 5.1 All Tenderers shall provide in Section IV, Tendering Forms, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary. 5.2 In the event that pre-qualification of Tenderers has been undertaken as stated in ITT 18.3, the provisions on qualifications of the Section III, Evaluation and Qualification Criteria shall not apply.

  • STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)

  • o Check if Transfer is Pursuant to Other Exemption (i) The Transfer is being effected pursuant to and in compliance with an exemption from the registration requirements of the Securities Act other than Rule 144, Rule 903 or Rule 904 and in compliance with the transfer restrictions contained in the Indenture and any applicable blue sky securities laws of any State of the United States and (ii) the restrictions on transfer contained in the Indenture and the Private Placement Legend are not required in order to maintain compliance with the Securities Act. Upon consummation of the proposed Transfer in accordance with the terms of the Indenture, the transferred beneficial interest or Definitive Note will not be subject to the restrictions on transfer enumerated in the Private Placement Legend printed on the Restricted Global Notes or Restricted Definitive Notes and in the Indenture. This certificate and the statements contained herein are made for your benefit and the benefit of the Company. [Insert Name of Transferor] By: Name: Title: Dated: 1. The Transferor owns and proposes to transfer the following: (a) o a beneficial interest in the:

  • POPULATION TO BE SERVED In accordance with the Contract, Contractor is required, within the limits of the Contractor’s service capacity, to serve individuals who meet the financial and clinical eligibility criteria for Seriously Emotionally Disturbed (SED) children and adolescents eligible for services as described in the DARHMA manual.