Common use of Payment for Changes Clause in Contracts

Payment for Changes. ‌ Where any Change is likely to lead to an adjustment of the Unitary Charge or any payments from the Authority to the Contractor of a lump sum: 26.3.1 where pursuant to clause 26.2, there is an increase in payments from the Authority to the Contractor or the payment to the Contractor of a lump sum arising from the implementation of an Authority Notice of Change requested by the Company, the Company shall bear the entire increase or reimburse the full amount of the lump sum to the Authority to the extent related to the Company's request; 26.3.2 where pursuant to clause 26.1, there is an increase in payments from the Authority to the Contractor or the payment to the Contractor of a lump sum arising from the implementation of a Change under the Project Agreement, the Company shall, unless agreed otherwise in writing between the parties, pay to the Authority such proportion of the Authority's increased liability which relates to the Academy through either: (a) payment of a lump sum payable by the Authority to the Contractor in relation to the Change in accordance with Schedule 7 (Invoicing Procedure); or (b) an adjustment to the Relevant Proportion, so as to ensure the Authority is left in no better and no worse position than if the Change had not been implemented. 26.3.3 Where there is a decrease in payments from the Authority to the Contractor arising from the implementation of the Change, a proportionate adjustment to the Relevant Proportion to reflect such decrease shall apply as soon as reasonably practicable following the implementation of the relevant Authority Change so as to ensure the Authority is left in no better or worse position than if the Change had not been implemented.‌ 26.3.4 Notwithstanding clause 26.1 and clause 26.2, if the Company does not confirm the Estimate (as modified) within a sufficient period of time to allow the Authority to comply with the provisions of clause 53.8 of the PFI Project Agreement then the Authority Notice of Change shall be deemed to have been withdrawn.‌ 26.3.5 Where either the Authority Notice of Change is withdrawn pursuant to clause 26.2.3(d) above or is deemed to have been withdrawn pursuant to clause 26.3.34 above, then the Company will bear and pay any costs properly and duly payable by the Authority to the Contractor pursuant to clause 53.8 of the PFI Project Agreement.

Payment for Changes. ‌ Where any Change is likely to lead to an adjustment of the Unitary Charge or any payments from the Authority to the Contractor of a lump sum: 26.3.1 where pursuant to clause 26.2, there is an increase in payments from the Authority to the Contractor or the payment to the Contractor of a lump sum arising from the implementation of an Authority Notice of Change requested by the Company, the Company shall bear the entire increase or reimburse the full amount of the lump sum to the Authority to the extent related to the Company's request; 26.3.2 where pursuant to clause 26.1, there is an increase in payments from the Authority to the Contractor or the payment to the Contractor of a lump sum arising from the implementation of a Change under the Project Agreement, the Company shall, unless agreed otherwise in writing between the parties, pay to the Authority such proportion of the Authority's increased liability which relates to the Academy through either: (a) payment of a lump sum payable by the Authority to the Contractor in relation to the Change in accordance with Schedule 7 (Invoicing Procedure); or (b) an adjustment to the Relevant Proportion, so as to ensure the Authority is left in no better and no worse position than if the Change had not been implemented. 26.3.3 Where there is a decrease in payments from the Authority to the Contractor arising from the implementation of the Change, a proportionate adjustment to the Relevant Proportion Proportion‌ to reflect such decrease shall apply as soon as reasonably practicable following the implementation of the relevant Authority Change so as to ensure the Authority is left in no better or worse position than if the Change had not been implemented.‌implemented. 26.3.4 Notwithstanding clause 26.1 and clause 26.2, if the Company does not confirm the Estimate (as modified) within a sufficient period of time to allow the Authority to comply with the provisions of clause 53.8 of the PFI Project Agreement then the Authority Notice of Change shall be deemed to have been withdrawn.‌ 26.3.5 Where either the Authority Notice of Change is withdrawn pursuant to clause 26.2.3(d) above or is deemed to have been withdrawn pursuant to clause 26.3.34 above, then the Company will bear and pay any costs properly and duly payable by the Authority to the Contractor pursuant to clause 53.8 of the PFI Project Agreement.

Payment for Changes. ‌ Where any Change is likely to lead to an adjustment of the Unitary Charge or any payments from the Authority to the Contractor of a lump sum: 26.3.1 : where pursuant to clause 26.2, Clause 26.2 there is an increase in payments from the Authority to the Contractor or the payment to the Contractor of a lump sum arising from the implementation of an Authority Notice of Change requested by the Company, the Company shall shall, unless agreed otherwise in writing by the parties bear the entire increase or reimburse the full amount of the lump sum to the Authority Authority, to the extent related to the Company's request; 26.3.2 ; where pursuant to clause Clause 26.1, there is an increase in payments from the Authority to the Contractor or the payment to the Contractor of a lump sum arising from the implementation of a Change under the Project Agreement, the Company shall, unless agreed otherwise in writing between the parties, pay to the Authority such proportion of the Authority's increased liability which relates to the Academy through either: (a) : a contribution to payment of a lump sum payable by the Authority to the Contractor in relation to the Change in accordance with Schedule 7 (Invoicing Procedure)Change; or (b) or an adjustment to the Relevant Proportion, so as to ensure the Authority is left in no better and no worse position than if the Change had not been implemented. 26.3.3 Where ; where pursuant to either Clause 26.1 or Clause 26.2, there is a decrease in payments from the Authority to the Contractor arising from the implementation of the Change, a proportionate adjustment to the Relevant Proportion to reflect such decrease shall apply as soon as reasonably practicable following the implementation of the relevant Authority Change so as to ensure the Authority is left in no better or and no worse position than if the Change had not been implemented.‌ 26.3.4 Notwithstanding clause implemented; notwithstanding Clause 26.1 and clause Clause 26.2, if where the Company does has not confirm the Estimate (as modified) within a sufficient period of time responded to allow the Authority to comply with within the provisions of clause 53.8 of time periods reasonably required by the PFI Project Agreement then Authority, the Authority Notice may, after giving reasonable warning, proceed to exercise its rights and/or satisfy its obligations in the Project Documents in relation to the proposed Authority Change and/or Contractor Change and any decision made by the Authority in respect of Change such change shall be deemed to have been withdrawn.‌ 26.3.5 Where either be approved by the Authority Notice of Change is withdrawn parties pursuant to clause 26.2.3(d) above or is deemed to have been withdrawn pursuant to clause 26.3.34 above, then the Company will bear and pay any costs properly and duly payable by the Authority to the Contractor pursuant to clause 53.8 of the PFI Project Agreementthis Clause 26.