Common use of Payment for Change of Scope Clause in Contracts

Payment for Change of Scope. Within [15 (fifteen)] days of issuing a Change of Scope Order relating to Maintenance Depots, the Authority shall make a part payment to the Operator in a sum equal to [20% (twenty per cent)] of the cost of Change of Scope as agreed hereunder upon furnishing of a bank guarantee by the Operator for an equivalent amount and for a period of [180 (one hundred and eighty)] days, substantially in the form specified in Schedule-D. The Operator shall, after commencement of work, present to the Authority bills for payment in respect of the works and services in progress or completed works and services, as the case may be, supported by such Documentation as is reasonably sufficient for the Authority to determine the accuracy thereof. Within [30 (thirty)] days of receipt of such bills, the Authority shall disburse to the Operator such amounts as are reasonable and after making a proportionate deduction for the advance payment made hereunder, and in the event of any Dispute, final adjustments thereto shall be made under and in accordance with the Dispute Resolution Procedure. Notwithstanding anything to the contrary contained in Clause 15.3.1, all costs arising out of any Change of Scope Order shall be borne by the Operator, subject to an aggregate ceiling of 0.25% (zero point two five per cent) of the Total Project Cost. Any costs in excess of the ceiling shall be reimbursed by the Authority in accordance with Clause 15.3.1. Restrictions on certain works Notwithstanding anything to the contrary contained in this Article 15, the Authority shall not require the Operator to undertake any works or services if such works or services are likely to delay completion of the Maintenance Depot; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of the Maintenance Depot. Notwithstanding anything to the contrary contained in this Article 15, the cumulative costs relating to all the Change of Scope Orders for provision of works and services in the Maintenance Depot shall not exceed [5% (five percent) of the total project cost] during the Contract Period.

Payment for Change of Scope. Within [15 7 (fifteen)] seven) days of issuing a Change of Scope Order relating to Maintenance DepotsOrder, the Authority shall make a part an advance payment to the Operator Concessionaire in a sum equal to [20% (twenty per cent)] ) of the cost of Change of Scope as agreed hereunder upon furnishing hereunder, and in the event of a bank guarantee Dispute, 20% (twenty per cent) of the cost assessed by the Operator for an equivalent amount and for a period of [180 (one hundred and eighty)] days, substantially in the form specified in Schedule-D. Independent Expert. The Operator Concessionaire shall, after commencement of work, present to the Authority bills for payment in respect of the works and services in progress or completed works and servicesworks, as the case may be, supported by such Documentation as is reasonably sufficient for the Authority to determine the accuracy thereof. Within [30 (thirty)] ) days of receipt of such bills, the Authority shall disburse to the Operator Concessionaire such amounts as are certified by the Independent Expert as reasonable and after making a proportionate deduction for the advance payment made hereunder, and in the event of any Dispute, final adjustments thereto shall be made under and in accordance with the Dispute Resolution Procedure. Notwithstanding anything to the contrary contained in Clause 15.3.1, all costs arising out of any Change of Scope Order shall be borne by the Operator, subject to an aggregate ceiling of 0.25% (zero point two five per cent) of the Total Project Cost. Any costs in excess of the ceiling shall be reimbursed by the Authority in accordance with Clause 15.3.1. Restrictions on certain works Notwithstanding anything to the contrary contained in this Article 1516, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Operator Concessionaire to undertake any works or services if such works or services are likely to delay completion of the Maintenance DepotStorage Facility; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of Storage Facility and issuing the Maintenance DepotProvisional Certificate. Notwithstanding anything to the contrary contained in this Article 1516, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders for provision of works and services in the Maintenance Depot shall not to exceed [5% (five percentper cent) of the total project cost] Total Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 20% (twenty per cent) of the Total Project Cost at any time during the Contract Concession Period. Power of the Authority to undertake works Notwithstanding anything to the contrary contained in Clauses 16.1.1, 16.2 and 16.3, the Authority may, after giving notice to the Concessionaire and considering its reply thereto, award any works or services, contemplated under Clause 16.1.1, to any person on the basis of open competitive bidding; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Authority$, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten percent) thereof. It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder.

Payment for Change of Scope. Within [15 7 (fifteen)] seven) days of issuing a Change of Scope Order relating to Maintenance DepotsOrder, the Authority shall make a part an advance payment to the Operator Concessionaire in a sum equal to [20% (twenty per cent)] ) of the cost of Change of Scope as agreed hereunder upon furnishing hereunder, and in the event of a bank guarantee Dispute, 20% (twenty per cent) of the cost assessed by the Operator for an equivalent amount and for a period of [180 (one hundred and eighty)] days, substantially in the form specified in Schedule-D. Independent Engineer. The Operator Concessionaire shall, after commencement of work, present to the Authority bills for payment in respect of the works and services in progress or completed works and servicesworks, as the case may be, supported by such Documentation as is reasonably sufficient for the Authority to determine the accuracy thereof. Within [30 (thirty)] ) days of receipt of such bills, the Authority shall disburse to the Operator Concessionaire such amounts as are certified by the Independent Engineer as reasonable and after making a proportionate deduction for the advance payment made hereunder, and in the event of any Dispute, final adjustments thereto shall be made under and in accordance with the Dispute Resolution Procedure. Notwithstanding anything to the contrary contained in Clause 15.3.1, all costs arising out of any Change of Scope Order shall be borne by the Operator, subject to an aggregate ceiling of 0.25% (zero point two five per cent) of the Total Project Cost. Any costs in excess of the ceiling shall be reimbursed by the Authority in accordance with Clause 15.3.1. Restrictions on certain works Notwithstanding anything to the contrary contained in this Article 1516, but subject to the provisions of Clause 16.4.2, the Authority shall not require the Operator Concessionaire to undertake any works or services if such works or services are likely to delay completion of the Maintenance DepotProject by the Scheduled Completion Date; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Change of Scope Order shall not be reckoned for purposes of determining completion of the Maintenance DepotProject and issuing the provisional certificate. Notwithstanding anything to the contrary contained in this Article 1516, the Concessionaire shall be entitled to nullify any Change of Scope Order if it causes the cumulative costs relating to all the Change of Scope Orders for provision of works and services in the Maintenance Depot shall not to exceed [510% (five percentten per cent) of the total project cost] Estimated Project Cost in any continuous period of 3 (three) years immediately preceding the date of such Change of Scope Order or if such cumulative costs exceed 25% (twenty five per cent) of the Estimated Project Cost at any time during the Contract Concession Period. Power of the Authority to undertake works Notwithstanding anything to the contrary contained in Clauses 16.1.1 and 16.3, the Authority may, after giving notice to the Concessionaire and considering its reply thereto, award any works or services, contemplated under Clause 16.1.1, to any person on the basis of open competitive bidding; provided that the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria, subject to payment of 2% (two per cent) of the bid amount to the Authority1, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire shall be entitled to exercise such option only if it has participated in the bidding process and its bid does not exceed the first ranked bid by more than 10% (ten per cent) thereof. It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder. For the avoidance of doubt, the Authority acknowledges and agrees that it shall not undertake any works or services under this Clause 16.5.1 if such works or services cause a Material Adverse Effect on the Concessionaire.

Payment for Change of Scope. Within [15 30 (fifteen)] thirty) days of issuing a Change of Scope Order relating to Maintenance DepotsOrder, the Authority shall make a part an advance payment to the Operator Concessionaire in a sum equal to [20% (twenty per cent)] cent ) of the cost of Change of Scope as agreed hereunder upon furnishing hereunder, and in the event of a bank guarantee Dispute, 20% (twenty per cent) of the Cost assessed by the Operator for an equivalent amount and for a period of [180 (one hundred and eighty)] days, substantially in the form specified in Schedule-D. Independent Engineer. The Operator Concessionaire shall, after commencement of work, present to the Authority bills for payment in respect of the works and services in progress or completed works and servicesworks, as the case may be, supported by such Documentation as is reasonably sufficient for the Authority to determine the accuracy thereof. Within [30 (thirty)] ) days of receipt of such bills, the Authority shall disburse to the Operator Concessionaire such amounts as are certified by the Independent Engineer as reasonable and after making a proportionate deduction for the advance payment made hereunder, and in the event of any Dispute, final adjustments thereto shall be made make under and in accordance with the Dispute Resolution Procedure. Notwithstanding anything to the contrary contained in Clause 15.3.1, all costs arising out of any Change of Scope Order shall be borne by the Operator, subject to an aggregate ceiling of 0.25% (zero point two five per cent) of the Total Project Cost. Any costs in excess of the ceiling shall be reimbursed by the Authority in accordance with Clause 15.3.1. Restrictions on certain works Notwithstanding anything to the contrary contained in this Article 1521, the Authority shall not require the Operator to undertake any works or services if such works or services are likely to delay completion of the Maintenance Depot; provided that in the event that the Authority considers such works or services to be essential, it may issue a Change of Scope Order, subject to the condition that the works forming part of or affected by such Order shall not be reckoned for purposes of determining completion of the Maintenance Depot. Notwithstanding anything to the contrary contained in this Article 15, the cumulative costs relating to all the Change of Scope Orders for provision of works and services in the Maintenance Depot shall not exceed [5% (five percentper cent) of the total project cost] Concession Fee in any continuous Period of 3 (three) years immediately preceding the date of such change of scope order or if such cumulative costs exceed 25% (twenty five per cent) of the Concession Fee at any time during the Contract Concession Period the provisions of Clause 21.5 shall apply and the Concessionaire shall have the option of matching the first ranked bid in terms of the selection criteria either by itself where such work requires tolling, operation and maintenance, or through another company where such work requires construction on any part of the Project Highway, subject to payment of 2% (two per cent) of the bid amount to the Authority, and thereupon securing the award of such works or services. For the avoidance of doubt, it is agreed that the Concessionaire, as the case may be, has participated in the bidding process either individually or as a consortium or JV with another company and fulfils the eligibility criteria to undertake such work without compromising with its overall liability. The Concessionaire may, in its sole discretion, accept or reject any Change of Scope Order, without assigning any reason whatsoever, such Change of Scope Order being within 5% (five per cent) of the Concession fee in any continuous period of 3 (three years immediately preceding the date of such Change of Scope Order or if such cumulative costs is within 25% (twenty five per cent) of the Concession fee at any time during the concession Period. Upon refusal by the Concessionaire hereto, the provisions of Clause 21.5 shall apply. However, in case the Concessionaire decides to take up the Change of Xxxxx works, it shall proceed with the same within such timelines as agreed between the Parties and the provisions of Clause 21.3 shall apply thereto. For the avoidance of doubt, the Parties agree that no Change of Scope shall be executed unless the Authority has issued the Change of Scope Order or a Change of Scope Acceptance, as the case may be, save and except any works necessary for meeting any Emergency. Power of the Authority to undertake works Notwithstanding anything to the contrary contained in Clauses 21.2,21.2 and 21.3 but subject to the conditions provided in Clause 21.4, the Authority may award any works or services, contemplated under Clause 21.1.1, to any person on the basis of open competitive bidding and the Concessionaire shall be entitled to take part in such competitive bidding. It is also agreed that the Concessionaire shall provide access, assistance and cooperation to the person who undertakes the works or services hereunder as per good industry practice. The works undertaken in accordance with this Clause 21.5 shall be carried out in a manner that minimizes the disruption in operation of the Project Highway.