PPP Co. Set-Off PPP Co. will not be entitled to retain any amount due to the Authority by it.
PPP Co. Falling Behind Construction Programme It if appears to the Authority’s Representative at any time that the progress of the Works has significantly fallen behind the Construction Programme, then the Authority’s Representative will be entitled to require PPP Co. to submit to the Authority’s Representative a report identifying the reasons for the delay and require PPP Co. to produce and submit to the Authority’s Representative in accordance with Schedule 5 (Review Procedure) a revised Construction Programme showing the timetable and the manner in which the Works will be carried out to ensure completion.
PPP Co will base its costings on a forecast capital replacement programme of plant, machinery, equipment, fixtures, fittings and furniture designed to maintain the building environment at the specified output standards. PPP Co. will also consider the means of funding this expenditure throughout the life of the Project. The risk associated with assessing what will need replacing, when and how much this will cost, is one that PPP Co. should take and therefore the Authority should not attempt to be prescriptive in this respect.
PPP Co. Undertakings PPP Co. undertakes with the Authority as follows:
PPP Co s Representative
PPP Co and the Authority will agree the timing of the Small Works, so as to minimise inconvenience or disruption to the Services. PPP Co. will take all reasonable steps to minimise the duration of any Small Works.
PPP Co warrants and represents to the Authority that the legal and beneficial ownership of the Shareholders at the Commencement Date is as set out in Schedule 19 (PPP Co. and its Shareholders);
PPP Co represents, warrants and undertakes that it and its Sub-Contractors have the competence to comply with the provisions of this Clause 14 (Health and Safety) and will allocate adequate resources to facilitate such compliance.
PPP Co will provide the Authority with a copy of any application for any PPP Co. Necessary Consents and other relevant documents relating to them. PPP Co. will notify the Authority of any decision by any Relevant Authority on an application for any PPP Co. Necessary Consent as soon as it is known and will at any time and from time to time at its own cost provide to the Authority such other information with respect to progress in obtaining any PPP Co. Necessary Consent as the Authority may reasonably require.
PPP Co. Equipment PPP Co. will procure, deliver to and where necessary construct, install, commission and maintain at the Project Facility, the PPP Co. Equipment set out in Part 2 of Schedule 13 (Equipment).
