Common use of Parties to Discuss Clause in Contracts

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. As soon as practicable after receipt of any notice from either Party under clause 59.2 62.2 (Qualifying Change in Law), the Parties shall discuss and agree the issues referred to in clause 59.2 62.2 (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 carrying out services the same as or similar to the ProjectServices, 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 62.2.5 (Qualifying Change in Law). Not used. Not used. Not used.