Parties to Discuss. As soon as practicable after receipt of any notice from either Party under clause 59.2 (Qualifying Change in Law), the Parties shall discuss and agree the issues referred to in clause 59.2 (Qualifying Change in Law) and any ways in which the Contractor can mitigate the effect of the Qualifying Change in Law, including: providing evidence that the Contractor has used reasonable endeavours (including (where practicable) the use of competitive quotes) to oblige its sub-contractors to minimise any increase in costs and maximise any reduction in costs; demonstrating how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred or would have been incurred, foreseeable Changes in Law at that time have been taken into account by the Contractor; giving evidence as to how the Qualifying Change in Law has affected prices charged by any similar businesses to the Project, including similar businesses in which the Shareholders or their Affiliates carry on business; and demonstrating that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Qualifying Change in Law concerned, has been taken into account in the amount which in its opinion has resulted or is required under clauses 59.2.5 (Qualifying Change in Law) and/or 59.2.6 (Qualifying Change in Law).
Parties to Discuss a. A dispute between a team member (or team members) and Xxxxxxxxxx, including a dispute in relation to i. a matter arising under the Agreement; or
Parties to Discuss. If the Works Variation directed or approved pursuant to Clause 54.1 will, in the reasonable opinion of the Consultant, result in:
(a) a change in the Total Cost Forecast; or
(b) a delay in the Date for Practical Completion; then the Consultant shall promptly provide an estimate including time and costs associated with the Works Variation and the Client’s Representative and the Consultant’s Representative (or their delegates) will discuss the effect of the proposed Works Variation.
Parties to Discuss. As soon as practicable after receipt of any notice from either Party under Clause 44.1 (Qualifying Change in Law), the Parties shall apply Schedule 21 (Change Protocol) in order to discuss and agree the issues referred to in Clause 44.1 (Qualifying Change in Law) and any ways in which the Contractor can mitigate the effect of the Qualifying Change in Law. In applying the Change Protocol the parties shall take into account (inter alia):
44.2.1 evidence that the Contractor has used reasonable endeavours (including (where practicable) the use of competitive quotes) to oblige the Sub- Contractors to minimise any increase in costs and maximise any reduction in costs;
44.2.2 how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred or would have been incurred, foreseeable Changes in Law at that time have been taken into account by the Contractor;
44.2.3 how the Qualifying Change in Law has affected prices charged by any similar businesses to the Project, including similar businesses in which the Contractor or its Affiliates carry on business;
44.2.4 that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Qualifying Change in Law concerned, has been taken into account in the amount which in its opinion has resulted or is required under Clauses 44.1.5 (Qualifying Change in Law) and/or 44.1.6 (Qualifying Change in Law);
44.2.5 evidence that, where practicable, the Contractor has used reasonable endeavours to pass any increase in costs to existing Third Party Waste customers of the Contractor.
Parties to Discuss. As soon as practicable after receipt of any notice from either party under Clause 55.1, the parties shall discuss and agree the issues referred to in Clause 55.1 and any ways in which the Contractor can mitigate the effect of a Qualifying Change of Law, including:
55.2.1 providing evidence that the Contractor has used reasonable endeavours (including, where practicable, the use of competitive quotes) to oblige the sub-contractors to minimise any increase in costs and maximise any reduction in costs;
55.2.2 providing evidence that the Contractor has used reasonable endeavours to minimise loss of revenue;
55.2.3 demonstrating how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred or would have been incurred, foreseeable Changes in Law at that time have been taken into account by the Contractor;
55.2.4 giving evidence as to how the Qualifying Change in Law has affected prices charged by any businesses similar to the Project, including similar businesses in which the Shareholders or their Affiliates carry on business; and
55.2.5 demonstrating that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Qualifying Change in Law concerned, has been taken into account in the amount claimed under Clause 55.1.
Parties to Discuss. 20.1.1 A dispute between a team member (or team members) and BIG W, including a dispute in relation to
(a) a matter arising under the Agreement; or
(b) the NES; should be discussed, in the first instance, at the workplace level between the team member (or members) and their relevant supervisors or management.
20.1.2 At any stage, BIG W and a team member or team members may appoint another person to accompany and/or represent them for the purposes of this clause, including a trade union listed in clause 1.3.
20.1.3 If the dispute remains unresolved, the dispute may be referred to BIG W Employee Services for it to be escalated to an appropriate representative of BIG W to assist in resolving the dispute, which may be a more senior member of management or a representative from the BIG W Culture & People team.
20.1.4 If, following escalation under clause 20.1.3, the dispute remains unresolved, the matter may be referred to a senior representative of BIG W (such as the relevant Employee Relations Manager, Head of Workplace Relations or General Manager) for further discussion.
Parties to Discuss. As soon as practicable after receipt of any notice from either Party under clause 1.286 (Qualifying Change in Law), the Parties shall discuss and agree the issues referred to in clause 1.286 (Qualifying Change in Law) and any ways in which the Contractor can mitigate the effect of the Qualifying Change in Law, including:
Parties to Discuss. As soon as practicable after the Authority receives the Estimate the Parties shall discuss and agree the issues set out in the Estimate including: providing evidence that the Contractor has used reasonable endeavours (including (where practicable) the use of competitive quotes) to oblige the Sub-Contractors to minimise any increase in costs and maximise any reduction in costs; providing evidence that where the Contractor does not intend to use its own resources to implement the Authority Change it shall comply with Good Industry Practice with the objective of ensuring that it obtains the best value for money when procuring any works, supplies, materials or equipment; demonstrating how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred or would have been incurred, foreseeable Changes in Law at that time have been taken into account by the Contractor; demonstrating that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain assets that have been affected by the Authority Change concerned, has been taken into account in the amount which in its opinion has resulted; providing evidence that the Contractor has used reasonable endeavours to pass any increase in costs to the existing or future customers of the Contractor or Operating Sub-Contractor as the case may be and has demonstrated to the reasonable satisfaction of the Authority that it is more likely than not able to pass any increase in costs to the customers of the Contractor other than the Authority.
Parties to Discuss. As soon as practicable after receipt of any notice from either party under Clause 27.2, the parties shall discuss and agree the issues referred to in Clause 27.2 and any ways in which the Operator Partner can mitigate the effect of the Qualifying Change in Law, including:
Parties to Discuss. As soon as practicable after receipt of any notice from either Party under Clause 14.1 (Qualifying Change in Law), the Parties shall discuss and agree the issues referred to in Clause 14.1 ((Qualifying Change in Law) and any ways in which the Seller can mitigate the effect of the Qualifying Change in Law. The parties shall take into account:
(a) evidence that the Seller has used reasonable endeavours (including (where practicable) the use of competitive quotes) to oblige the Sub-Contractors to minimise any increase in costs and maximise any reduction in costs;
(b) how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred or would have been incurred, foreseeable Changes in Law at that time have been taken into account by the Seller; and
(c) evidence as to how the Qualifying Change in Law has affected prices charged for heat by any similar businesses to the Project, including similar businesses in which the shareholders or their Affiliates carry on business.