Common use of PROGRAMME AND DATES FOR COMPLETION Clause in Contracts

PROGRAMME AND DATES FOR COMPLETION. Dates for Completion 14.1 Project Co shall [in respect of each Facility]: 14.1.1 [satisfy the ICT Handover Requirements by the [relevant] ICT Handover Date; and] 14.1.2 complete the [Main] Works and satisfy the Payment Commencement Requirements by the [relevant] Completion Date [; and] 14.1.3 [complete the [relevant] Post Completion Works and satisfy the Post Completion Works Requirements by the [relevant] Post Completion Works Date.] Without prejudice to [Clause 14.9 ([Provision of Temporary Accommodation)], Clause [14.10 ([Unavailability of Existing Facilities)], [Clause 14.11 ([Post Completion Works Phase)], Clause 40 (Project Co Event of Default), 42 (Authority Voluntary Termination), 46 (Compensation on Termination) and 47 (Consequences of Termination), the Authority shall not be entitled to claim [liquidated or] general damages in respect of any delay which elapses between the [relevant] ICT Handover Date and the corresponding Actual ICT Handover Date[,/or] the [relevant] Completion Date and corresponding Actual Completion Date [and the [relevant] Post Completion Works Date and [relevant] Actual Post Completion Works Date]. 14.2 [The Certificate of Practical Completion [in respect of the [relevant] Facility] shall not be issued any less than [twenty (20)] Business Days after the issue of the ICT Handover Acceptance Certificate.]35 14.3 Any Programme submitted in accordance with the provisions set out below shall be prepared in accordance with Good Industry Practice and shall be in sufficient detail so as to enable the Authority's Representative to monitor the progress including all commissioning activities and likely future progress of the Works. 35 To be reviewed in the context of college commissioning needs. 14.4 The initial Programme is set out at Schedule 7 (The Programme). Any change to the Programme shall only be made in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule 8 (Review Procedure). Project Co shall promptly submit to the Authority's Representative a copy of any version of the Programme varied in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule 8 (Review Procedure). 14.5 If it appears to the Authority's Representative at any time that the actual progress of the Works has significantly fallen behind the Programme, then the Authority's Representative shall be entitled to require Project Co to submit to the Authority's Representative a report identifying the reasons for the delay and, unless the event causing the delay is still subsisting and it is not possible to predict with any certainty when the delay might come to an end, require Project Co (at the Authority's option): 14.5.1 to produce and submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a revised Programme showing the manner and the periods in which the Works will be carried out to ensure completion; and/or 14.5.2 to produce and submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a revised Programme showing the steps which are to be taken to eliminate or reduce the delay. 14.6 Notwithstanding that the [Main] Works [or Post Completion Works] may have been completed in accordance with this Agreement[: 14.6.1 the Actual Completion Date [for a Facility] may only occur on a date on or (subject to Clause 14.8 (Handover Dates)) after the [relevant] Completion Date[; and 14.6.2 the [relevant] Actual Post Completion Works Date may only occur on a date on or after the [relevant] Post Completion Works Date], unless the Authority, in its absolute discretion, agrees otherwise in writing.] 14.7 Project Co shall notify the Authority's Representative if at any time the actual progress of the Works is significantly ahead of the Programme such that Project Co anticipates that [the]/[an] Actual Completion Date [or Post Completion Works Date, as appropriate] could occur earlier than the [relevant] Completion Date [or [relevant] Post Completion Works Date, as appropriate] in which case the Authority's 36 Provision for notification of early completion has been included to enable the parties (at their discretion) to consider early occupation by the Authority of the Facilities. The consequential amendments required as a result of agreeing to early completion (e.g. in relation to commissioning, phasing, equipment procurement, service payments, as appropriate) would have to be considered and agreed on a project specific basis at the time and Authorities will be required to seek Welsh Government approval prior to agreeing to early completion. If the Authority is not willing to accept early completion of the Facilities under any circumstances, this Clause may be deleted. However, an Authority should be mindful that there may be circumstances where these provisions are useful e.g. where a Delay Event has impacted upon the Completion Date and Project Co has subsequently made up time in its Programme. Representative shall be entitled to require Project Co to produce and submit to the Authority's Representative a revised Programme showing the manner and the periods in which the relevant Works will be carried out and what the revised date for completion would be to enable: 14.7.1 the Authority to consider (at its absolute discretion) whether to agree an earlier date for completion if requested by Project Co to do so; and 14.7.2 the parties to consider what modifications (if any) will be required to the Agreement in order to accommodate such earlier date for completion if agreed to by the Authority pursuant to Clause 14.6 ([Early Completion).] 14.8 [Subject to Clause 14.6 ([Early Completion), the Actual ICT Handover Date for [the]/[a] Facility shall be the date on which the ICT Handover Acceptance Certificate is issued [in respect of that Facility] provided that if: 14.8.1 the ICT Handover Acceptance Certificate [in respect of a Facility] is not issued by the ICT Handover Date [in respect of a Facility], it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the ICT Handover Date, and, if not issued by that date, it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before any subsequent start of half term (other than summer half term) or Term; and 14.8.2 a Certificate of Practical Completion [in respect of a Facility] is not issued by the Completion Date [in respect of that Facility], it shall not thereafter be issued until the [fifth (5th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the Completion Date [in respect of that Facility] and, if not issued by that date it shall not thereafter be issued until the [fifth (5th)] Business Day before any subsequent start of half term (other than summer half term) or Term.]37 [Provision of Temporary Accommodation38 14.9 If for any reason a Certificate of Practical Completion is not issued [in relation to a Facility] by the Completion Date [for that Facility] then: 14.9.1 from the Completion Date [for that Facility] until: (a) the Actual Completion Date [for that Facility]; or 37 Approach to be reviewed on a project specific basis in the case of colleges.

PROGRAMME AND DATES FOR COMPLETION. Dates for Completion 14.1 Project Co shall [in respect of each Facility]: 14.1.1 [satisfy the ICT Handover Requirements by the [relevant] ICT Handover Date; and] 14.1.2 complete the [Main] Works and satisfy the Payment Commencement Requirements by the [relevant] Completion Date [; and] 14.1.3 [complete the [relevant] Post Completion Works and satisfy the Post Completion Works Requirements by the [relevant] Post Completion Works Date.] Without prejudice to [Clause 14.9 ([Provision of Temporary Accommodation)], Clause [14.10 ([Unavailability of Existing Facilities)], [Clause 14.11 ([Post Completion Works Phase)], Clause 40 (Project Co Event of Default), 42 (Authority Voluntary Termination), 46 (Compensation on Termination) and 47 (Consequences of Termination), the Authority shall not be entitled to claim [liquidated or] general damages in respect of any delay which elapses between the [relevant] ICT Handover Date and the corresponding Actual ICT Handover Date[,/or] the [relevant] Completion Date and corresponding Actual Completion Date [and the [relevant] Post Completion Works Date and [relevant] Actual Post Completion Works Date]. 14.2 [The Certificate of Practical Completion [in respect of the [relevant] Facility] shall not be issued any less than [twenty (20)] Business Days after the issue of the ICT Handover Acceptance Certificate.]35Certificate.]27 14.3 Any Programme submitted in accordance with the provisions set out below shall be prepared in accordance with Good Industry Practice and shall be in sufficient detail so as to enable the Authority's Representative to monitor the progress including all commissioning activities and likely future progress of the Works. 35 To be reviewed in the context of college commissioning needs. 14.4 The initial Programme is set out at Schedule 7 (The Programme). Any change to the Programme shall only be made in accordance with this Clause 14 (Programme 27 To be reviewed in the context of college commissioning needs. and Dates for Completion) and Schedule 8 (Review Procedure). Project Co shall promptly submit to the Authority's Representative a copy of any version of the Programme varied in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule 8 (Review Procedure). 14.5 If it appears to the Authority's Representative at any time that the actual progress of the Works has significantly fallen behind the Programme, then the Authority's Representative shall be entitled to require Project Co to submit to the Authority's Representative a report identifying the reasons for the delay and, unless the event causing the delay is still subsisting and it is not possible to predict with any certainty when the delay might come to an end, require Project Co (at the Authority's option): 14.5.1 to produce and submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a revised Programme showing the manner and the periods in which the Works will be carried out to ensure completion; and/or 14.5.2 to produce and submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a revised Programme showing the steps which are to be taken to eliminate or reduce the delay. 14.6 Notwithstanding that the [Main] Works [or Post Completion Works] may have been completed in accordance with this Agreement[: 14.6.1 the Actual Completion Date [for a Facility] may only occur on a date on or (subject to Clause 14.8 (Handover Dates)) after the [relevant] Completion Date[; and 14.6.2 the [relevant] Actual Post Completion Works Date may only occur on a date on or after the [relevant] Post Completion Works Date], unless the Authority, in its absolute discretion, agrees otherwise in writing.] 14.7 Project Co shall notify the Authority's Representative if at any time the actual progress of the Works is significantly ahead of the Programme such that Project Co anticipates that [the]/[an] Actual Completion Date [or Post Completion Works Date, as appropriate] could occur earlier than the [relevant] Completion Date [or [relevant] Post Completion Works Date, as appropriate] in which case the Authority's 36 Representative shall be entitled to require Project Co to produce and submit to the 28 Provision for notification of early completion has been included to enable the parties (at their discretion) to consider early occupation by the Authority of the Facilities. The consequential amendments required as a result of agreeing to early completion (e.g. in relation to commissioning, phasing, equipment procurement, service payments, as appropriate) would have to be considered and agreed on a project specific basis at the time and Authorities will be required to seek Welsh Government approval prior to agreeing to early completion. If the Authority is not willing to accept early completion of the Facilities under any circumstances, this Clause may be deleted. However, an Authority should be mindful that there may be circumstances where these provisions are useful e.g. where a Delay Event has impacted upon the Completion Date and Project Co has subsequently made up time in its Programme. Representative shall be entitled to require Project Co to produce and submit to the Authority's Representative a revised Programme showing the manner and the periods in which the relevant Works will be carried out and what the revised date for completion would be to enable: 14.7.1 the Authority to consider (at its absolute discretion) whether to agree an earlier date for completion if requested by Project Co to do so; and 14.7.2 the parties to consider what modifications (if any) will be required to the Agreement in order to accommodate such earlier date for completion if agreed to by the Authority pursuant to Clause 14.6 ([Early Completion).] 14.8 [Subject to Clause 14.6 ([Early Completion), the Actual ICT Handover Date for [the]/[a] Facility shall be the date on which the ICT Handover Acceptance Certificate is issued [in respect of that Facility] provided that if: 14.8.1 the ICT Handover Acceptance Certificate [in respect of a Facility] is not issued by the ICT Handover Date [in respect of a Facility], it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the ICT Handover Date, and, if not issued by that date, it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before any subsequent start of half term (other than summer half term) or Term; and 14.8.2 a Certificate of Practical Completion [in respect of a [a]/the] Facility] is not issued by the Completion Date [in respect of that Facility], it shall not thereafter be issued until the [fifth (5th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the Completion Date [in respect of that Facility] and, if not issued by that date it shall not thereafter be issued until the [fifth (5th)] Business Day before any subsequent start of half term (other than summer half term) or Term.]37 Term.]29 29 Approach to be reviewed on a project specific basis in the case of colleges. [Provision of Temporary Accommodation38Accommodation30 14.9 If for any reason a Certificate of Practical Completion is not issued [in relation to a Facility] by the Completion Date [for that Facility] then: 14.9.1 from the Completion Date [for that Facility] until: (a) the Actual Completion Date [for that Facility]; or 37 Approach or (b) if earlier, the Termination Date; or (c) the date on which the Actual Completion Date [for that Facility] would otherwise have occurred if a Compensation Event occurs following the Completion Date [for that Facility] and this delays the achievement of the Certificate of Practical Completion, other than where Clause 14.9.4(a) applies, Project Co shall be responsible for ensuring that suitable temporary accommodation is available to the Authority that (i) complies with paragraph [2.12.11] (Temporary Accommodation) of the Generic Design Brief [and [ ]] of the Site-Specific Brief]; and (ii) can be used without interfering with the provision of education to all Students, including any increase in student numbers due to be reviewed accommodated at the [relevant] Facility. . 14.9.2 Where this Clause 14.9 applies and an Existing Facility is proposed for use as temporary accommodation (with or without additional temporary accommodation within the curtilage of the site of the Existing Facility), Project Co shall be responsible for and shall procure (at its cost) a survey of the Existing Facility to ascertain the extent to which such accommodation is suitable for temporary use in accordance with Clause 14.9.1. 14.9.3 To the extent that Project Co is seeking to utilise an Existing Facility as temporary accommodation, pursuant to Clause 14.9.1, the Authority shall not be required to accept such temporary accommodation unless and until the survey referred to in Clause 14.9.2 has been carried out and Project Co has completed all necessary remedial works. 14.9.4 If the provision of temporary accommodation in accordance with Clauses 14.9.2 and 14.9.3 is not possible or practical [to accommodate 30 In the event the Certificate of Practical Completion has not been issued by the Completion Date for that Facility, the Authority may need recourse to either liquidated damages or the provision of temporary accommodation. Drafting has been included above in relation to provision of temporary accommodation in respect of delay to the main facility. The Authority must decide which option is the most appropriate for its project. It will not generally be appropriate to include provision for temporary accommodation where LADs are payable. However, one example where LADs may be appropriate is where delay impacts payment of a capital receipt for land. Generally, insistence on LADs without a project project-specific basis need for them is unlikely to offer value for money. Welsh Government approval must be sought in respect of any proposed LAD drafting. some or all Students of [the Authority]/[the [relevant] School Entity]] at the option of the Authority, Project Co shall either: (a) reimburse to the Authority the proper costs reasonably incurred by the Authority in the case provision of collegesalternative accommodation and any additional or alternative ancillary services as may be required to enable that accommodation to be used for the provision of Educational Services, including, if relevant, the cost of providing temporary facilities or accommodation and/or the costs of transportation to and from any facilities or accommodation so provided; or (b) provide at Project Co's expense equivalent alternative accommodation that meets the requirements of Clause 14.9.1 in a location within one (1) mile of the Facility and provide such additional or alternative ancillary services as may be required to enable that accommodation to be used for the provision of Educational Services.

PROGRAMME AND DATES FOR COMPLETION. Dates for Completion 14.1 Project Co shall complete the Works [in respect of each Facility]: 14.1.1 [satisfy the ICT Handover Requirements relating to a Phase] by the [relevantCompletion Date] ICT Handover [relevant Phase Completion Date; and] 14.1.2 complete the [Main] Works and satisfy the Payment Commencement Requirements by the [relevant] Completion Date [; and] 14.1.3 [complete the [relevant] Post Completion Works and satisfy the Post Completion Works Requirements by the [relevant] Post Completion Works Date.] . Without prejudice to [Clause 14.9 ([Provision of Temporary Accommodation)], Clause [14.10 ([Unavailability of Existing Facilities)], [Clause 14.11 ([Post Completion Works Phase)], Clause 40 (Project Co Event of Default), 42 (Authority Voluntary Termination), 46 (Compensation on Termination) and 47 (Consequences of Termination), ) the Authority shall not be entitled to claim [liquidated or] or general damages in respect of any delay which elapses between the [relevantCompletion Date] ICT Handover Date and the corresponding Actual ICT Handover Date[,/or[Phase Completion Date] the [relevant] Completion Date and corresponding Actual Completion Date [and the [relevantActual Completion Date] Post [relevant Phase Actual Completion Works Date and [relevant] Actual Post Completion Works Date]. 14.2 [The Certificate of Practical Completion [in respect of the [relevant] Facility] shall not be issued any less than [twenty (20)] Business Days after the issue of the ICT Handover Acceptance Certificate.]35 14.3 Any Programme submitted in accordance with the provisions set out below shall be prepared in accordance with Good Industry Practice and shall be in sufficient detail so as to enable the Authority's Representative to monitor the progress including all commissioning activities and likely future progress of the Works. 35 To be reviewed in the context of college commissioning needs. 14.4 14.3 The initial Programme is set out at Schedule 7 (The Programme). Any change to the Programme shall only be made in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule 8 (Review Procedure). Project Co shall promptly submit to the Authority's Representative a copy of any version of the Programme varied in accordance with this Clause 14 (Programme and Dates dates for Completion) and Schedule 8 (Review Procedure). 14.5 14.4 If it appears to the Authority's Representative at any time that the actual progress of the Works has significantly fallen behind the Programme, then the Authority's Representative shall be entitled to require Project Co to submit to the Authority's Representative a report identifying the reasons for the delay and, unless the event causing the delay is still subsisting and it is not possible to predict with any certainty when the delay might come to an end, require Project Co (at the Authority's option): 14.5.1 14.4.1 to produce and submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a revised Programme showing the manner and the periods in which the Works will be carried out to ensure completion; and/or 14.5.2 14.4.2 to produce and submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a revised Programme showing the steps which are to be taken to eliminate or reduce the delay. 14.6 14.5 Notwithstanding that the [Main] Works [or Post Completion Worksrelating to a Phase] may have been completed in accordance with this Agreement[: 14.6.1 , the [Actual Completion Date Date] [for a Facility] may only occur on a date on or (subject to Clause 14.8 (Handover Dates)) after the [relevant] Phase Actual Completion Date[; and 14.6.2 the [relevant] Actual Post Completion Works Date may only occur on a date on or after the Completion Date [relevantPhase Completion Date] Post Completion Works Date], unless the Authority, in its absolute discretion, agrees otherwise in writing.] 14.7 14.6 Project Co shall notify the Authority's Representative if at any time the actual progress of the Works [relating to a Phase] is significantly ahead of the Programme such that Project Co anticipates that [the]/[an] the Actual Completion Date [or Post Phase Actual Completion Works Date, as appropriate] could occur earlier than the [relevant] Completion Date [or [relevant] Post relevant Phase Completion Works Date, as appropriate] in which case the Authority's 36 Provision for notification of early completion has been included to enable the parties (at their discretion) to consider early occupation by the Authority of the Facilities. The consequential amendments required as a result of agreeing to early completion (e.g. in relation to commissioning, phasing, equipment procurement, service payments, as appropriate) would have to be considered and agreed on a project specific basis at the time and Authorities will be required to seek Welsh Government approval prior to agreeing to early completion. If the Authority is not willing to accept early completion of the Facilities under any circumstances, this Clause may be deleted. However, an Authority should be mindful that there may be circumstances where these provisions are useful e.g. where a Delay Event has impacted upon the Completion Date and Project Co has subsequently made up time in its Programme. Representative shall be entitled to require Project Co to produce and submit to the Authority's Representative a revised Programme showing the manner and the periods in which the Works [relating to the relevant Works Phase] will be carried out and what the revised date for completion would be to enable: 14.7.1 14.6.1 the Authority to consider (at its absolute discretion) whether to agree an earlier date for completion if requested by Project Co to do so; and 14.7.2 14.6.2 the parties to consider what modifications (if any) will be required to the Agreement in order to accommodate such earlier date for completion if agreed to by the Authority pursuant to Clause 14.6 ([Early Completion)14.5.] 14.8 [Subject to Clause 14.6 ([Early Completion), the Actual ICT Handover Date for [the]/[a] Facility shall be the date on which the ICT Handover Acceptance Certificate is issued [in respect of that Facility] provided that if: 14.8.1 the ICT Handover Acceptance Certificate [in respect of a Facility] is not issued by the ICT Handover Date [in respect of a Facility], it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the ICT Handover Date, and, if not issued by that date, it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before any subsequent start of half term (other than summer half term) or Term; and 14.8.2 a Certificate of Practical Completion [in respect of a Facility] is not issued by the Completion Date [in respect of that Facility], it shall not thereafter be issued until the [fifth (5th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the Completion Date [in respect of that Facility] and, if not issued by that date it shall not thereafter be issued until the [fifth (5th)] Business Day before any subsequent start of half term (other than summer half term) or Term.]37 [Provision of Temporary Accommodation38 14.9 If for any reason a Certificate of Practical Completion is not issued [in relation to a Facility] by the Completion Date [for that Facility] then: 14.9.1 from the Completion Date [for that Facility] until: (a) the Actual Completion Date [for that Facility]; or 37 Approach to be reviewed on a project specific basis in the case of colleges.

PROGRAMME AND DATES FOR COMPLETION. Dates for Completion 14.1 Project Co shall [in respect of each Facility]: 14.1.1 [satisfy the ICT Handover Requirements by the [relevant] ICT Handover Date; and] 14.1.2 complete the [Main] Works and satisfy the Payment Commencement Requirements by the [relevant] Completion Date [; and] 14.1.3 [complete the [relevant] Post Completion Works and satisfy the Post Completion Works Requirements by the [relevant] Post Completion Works Date.] Without prejudice to [Clause 14.9 ([Provision of Temporary Accommodation)], Clause [14.10 ([Unavailability of Existing Facilities)], [Clause 14.11 ([Post Completion Works Phase)], Clause 40 (Project Co Event of Default), 42 (Authority Voluntary Termination), 46 (Compensation on Termination) and 47 (Consequences of Termination), the Authority shall not be entitled to claim [liquidated or] general damages in respect of any delay which elapses between the [relevant] ICT Handover Date and the corresponding Actual ICT Handover Date[,/or] the [relevant] Completion Date and corresponding Actual Completion Date [and the [relevant] Post Completion Works Date and [relevant] Actual Post Completion Works Date]. 14.2 [The Certificate of Practical Completion [in respect of the [relevant] Facility] shall not be issued any less than [twenty (20)] Business Days after the issue of the ICT Handover Acceptance Certificate.]35 14.3 Any Programme submitted in accordance with the provisions set out below shall be prepared in accordance with Good Industry Practice and shall be in sufficient detail so as to enable the Authority's Representative to monitor the progress including all commissioning activities and likely future progress of the Works. 35 To be reviewed in the context of college commissioning needs. 14.4 The initial Programme is set out at Schedule 7 SCHEDULE 7: (The Programme). Any change to the Programme shall only be made in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule 8 SCHEDULE 8: (Review Procedure). Project Co shall promptly submit to the Authority's Representative a copy of any version of the Programme varied in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule 8 SCHEDULE 8: (Review Procedure). 14.5 If it appears to the Authority's Representative at any time that the actual progress of the Works has significantly fallen behind the Programme, then the Authority's Representative shall be entitled to require Project Co to submit to the Authority's Representative a report identifying the reasons for the delay and, unless the event causing the delay is still subsisting and it is not possible to predict with any certainty when the delay might come to an end, require Project Co (at the Authority's option): 14.5.1 to produce and submit to the Authority's Representative in accordance with Schedule 8 SCHEDULE 8: (Review Procedure) a revised Programme showing the manner and the periods in which the Works will be carried out to ensure completion; and/or 14.5.2 to produce and submit to the Authority's Representative in accordance with Schedule 8 SCHEDULE 8: (Review Procedure) a revised Programme showing the steps which are to be taken to eliminate or reduce the delay.. [Early Completion36 14.6 Notwithstanding that the [Main] Works [or Post Completion Works] may have been completed in accordance with this Agreement[: 14.6.1 the Actual Completion Date [for a Facility] may only occur on a date on or (subject to Clause 14.8 (Handover Dates)) after the [relevant] Completion Date[; and 14.6.2 the [relevant] Actual Post Completion Works Date may only occur on a date on or after the [relevant] Post Completion Works Date], unless the Authority, in its absolute discretion, agrees otherwise in writing.] 14.7 Project Co shall notify the Authority's Representative if at any time the actual progress of the Works is significantly ahead of the Programme such that Project Co anticipates that [the]/[an] Actual Completion Date [or Post Completion Works Date, as appropriate] could occur earlier than the [relevant] Completion Date [or [relevant] Post Completion Works Date, as appropriate] in which case the Authority's 36 Provision for notification of early completion has been included to enable the parties (at their discretion) to consider early occupation by the Authority of the Facilities. The consequential amendments required as a result of agreeing to early completion (e.g. in relation to commissioning, phasing, equipment procurement, service payments, as appropriate) would have to be considered and agreed on a project specific basis at the time and Authorities will be required to seek Welsh Government approval prior to agreeing to early completion. If the Authority is not willing to accept early completion of the Facilities under any circumstances, this Clause may be deleted. However, an Authority should be mindful that there may be circumstances where these provisions are useful e.g. where a Delay Event has impacted upon the Completion Date and Project Co has subsequently made up time in its Programme. Post Completion Works Date, as appropriate] in which case the Authority's Representative shall be entitled to require Project Co to produce and submit to the Authority's Representative a revised Programme showing the manner and the periods in which the relevant Works will be carried out and what the revised date for completion would be to enable: 14.7.1 the Authority to consider (at its absolute discretion) whether to agree an earlier date for completion if requested by Project Co to do so; and 14.7.2 the parties to consider what modifications (if any) will be required to the Agreement in order to accommodate such earlier date for completion if agreed to by the Authority pursuant to Clause 14.6 ([Early Completion).] 14.8 [Subject to Clause 14.6 ([Early Completion), the Actual ICT Handover Date for [the]/[a] Facility shall be the date on which the ICT Handover Acceptance Certificate is issued [in respect of that Facility] provided that if: 14.8.1 the ICT Handover Acceptance Certificate [in respect of a Facility] is not issued by the ICT Handover Date [in respect of a Facility], it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the ICT Handover Date, and, if not issued by that date, it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before any subsequent start of half term (other than summer half term) or Term; and 14.8.2 a Certificate of Practical Completion [in respect of a Facility] is not issued by the Completion Date [in respect of that Facility], it shall not thereafter be issued until the [fifth (5th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the Completion Date [in respect of that Facility] and, if not issued by that date it shall not thereafter be issued until the [fifth (5th)] Business Day before any subsequent start of half term (other than summer half term) or Term.]37 [Provision of Temporary Accommodation38 14.9 If for any reason a Certificate of Practical Completion is not issued [in relation to a Facility] by the Completion Date [for that Facility] then: 14.9.1 from the Completion Date [for that Facility] until: (a) the Actual Completion Date [for that Facility]; or 37 Approach to be reviewed on a project specific basis in the case of colleges.

PROGRAMME AND DATES FOR COMPLETION. Dates for Completion 14.1 Project Co shall complete the Works [in respect of each Facility]: 14.1.1 [satisfy the ICT Handover Requirements relating to a Phase] by the [relevant] ICT Handover Date; and] 14.1.2 complete the [Main] Works and satisfy the Payment Commencement Requirements by the [relevant] Completion Date [; andrelevant Phase Completion Date] 14.1.3 [complete the [relevant] Post Completion Works and satisfy the Post Completion Works Requirements by the [relevant] Post Completion Works Date.] . Without prejudice to [Clause 14.9 ([Provision of Temporary Accommodation)], Clause [14.10 ([Unavailability of Existing Facilities)], [Clause 14.11 ([Post Completion Works Phase)], Clause 40 (Project Co Event of Default), 42 (Authority Voluntary Termination), 46 (Compensation on Termination) and 47 (Consequences of Termination), ) the Authority shall not be entitled to claim [liquidated or] or general damages in respect of any delay which elapses between the Completion Date [relevantPhase Completion Date] ICT Handover Date and the corresponding Actual ICT Handover Date[,/or] the [relevant] Completion Date and corresponding Actual Completion Date [and the [relevant] Post relevant Phase Actual Completion Works Date and [relevant] Actual Post Completion Works Date]. 14.2 [The Certificate of Practical Completion [in respect of the [relevant] Facility] shall not be issued any less than [twenty (20)] Business Days after the issue of the ICT Handover Acceptance Certificate.]35 14.3 Any Programme submitted in accordance with the provisions set out below shall be prepared in accordance with Good Industry Practice and shall be in sufficient detail so as to enable the Authority's Representative to monitor the progress including all commissioning activities and likely future progress of the Works. 35 To be reviewed in the context of college commissioning needs. 14.4 14.3 The initial Programme is set out at Schedule Part 7 (The Programme). Any change to the Programme shall only be made in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule Part 8 (Review Procedure). Project Co shall promptly submit to the Authority's Representative a copy of any version of the Programme varied in accordance with this Clause 14 (Programme and Dates dates for Completion) and Schedule Part 8 (Review Procedure). 14.5 14.4 If it appears to the Authority's Representative at any time that the actual progress of the Works has significantly fallen behind the Programme, then the Authority's Representative shall be entitled to require Project Co to submit to the Authority's Representative a report identifying the reasons for the delay and, unless the event causing the delay is still subsisting and it is not possible to predict with any certainty when the delay might come to an end, require Project Co (at the Authority's option): 14.5.1 14.4.1 to produce and submit to the Authority's Representative in accordance with Schedule Part 8 (Review Procedure) a revised Programme showing the manner and the periods in which the Works will be carried out to ensure completion; and/or 14.5.2 14.4.2 to produce and submit to the Authority's Representative in accordance with Schedule Part 8 (Review Procedure) a revised Programme showing the steps which are to be taken to eliminate or reduce the delay. 14.6 14.5 Notwithstanding that the [Main] Works [or Post Completion Worksrelating to a Phase] may have been completed in accordance with this Agreement[: 14.6.1 , the Actual Completion Date [for a Facility] may only occur on a date on or (subject to Clause 14.8 (Handover Dates)) after the [relevant] Phase Actual Completion Date[; and 14.6.2 the [relevant] Actual Post Completion Works Date may only occur on a date on or after the Completion Date [relevantPhase Completion Date] Post Completion Works Date], unless the Authority, in its absolute discretion, agrees otherwise in writing.] 14.7 14.6 Project Co shall notify the Authority's Representative if at any time the actual progress of the Works [relating to a Phase] is significantly ahead of the Programme such that Project Co anticipates that [the]/[an] the Actual Completion Date [or Post the Phase Actual Completion Works Date, as appropriate] could occur earlier than the [relevant] Completion Date [or [relevant] Post relevant Phase Completion Works Date, as appropriate] in which case the Authority's 36 Provision for notification of early completion has been included to enable the parties (at their discretion) to consider early occupation by the Authority of the Facilities. The consequential amendments required as a result of agreeing to early completion (e.g. in relation to commissioning, phasing, equipment procurement, service payments, as appropriate) would have to be considered and agreed on a project specific basis at the time and Authorities will be required to seek Welsh Government approval prior to agreeing to early completion. If the Authority is not willing to accept early completion of the Facilities under any circumstances, this Clause may be deleted. However, an Authority should be mindful that there may be circumstances where these provisions are useful e.g. where a Delay Event has impacted upon the Completion Date and Project Co has subsequently made up time in its Programme. Representative shall be entitled to require Project Co to produce and submit to the Authority's Representative a revised Programme showing the manner and the periods in which the Works [relating to the relevant Works Phase] will be carried out and what the revised date for completion would be to enable: 14.7.1 14.6.1 the Authority to consider (at its absolute discretion) whether to agree an earlier date for completion if requested by Project Co to do so; and 14.7.2 14.6.2 the parties to consider what modifications (if any) will be required to the Agreement in order to accommodate such earlier date for completion if agreed to by the Authority pursuant to Clause 14.6 ([Early Completion)14.5.] 14.8 [Subject to Clause 14.6 ([Early Completion), the Actual ICT Handover Date for [the]/[a] Facility shall be the date on which the ICT Handover Acceptance Certificate is issued [in respect of that Facility] provided that if: 14.8.1 the ICT Handover Acceptance Certificate [in respect of a Facility] is not issued by the ICT Handover Date [in respect of a Facility], it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the ICT Handover Date, and, if not issued by that date, it shall not thereafter be issued until the [twenty-fifth (25th)] Business Day before any subsequent start of half term (other than summer half term) or Term; and 14.8.2 a Certificate of Practical Completion [in respect of a Facility] is not issued by the Completion Date [in respect of that Facility], it shall not thereafter be issued until the [fifth (5th)] Business Day before the first day of the half term (other than the summer half term) or Term commencing after the Completion Date [in respect of that Facility] and, if not issued by that date it shall not thereafter be issued until the [fifth (5th)] Business Day before any subsequent start of half term (other than summer half term) or Term.]37 [Provision of Temporary Accommodation38 14.9 If for any reason a Certificate of Practical Completion is not issued [in relation to a Facility] by the Completion Date [for that Facility] then: 14.9.1 from the Completion Date [for that Facility] until: (a) the Actual Completion Date [for that Facility]; or 37 Approach to be reviewed on a project specific basis in the case of colleges.