Affiliated Subcontracts Sample Clauses

Affiliated Subcontracts. ‌ 20.4.1 The provisions of this Section 20.4 will apply in respect of any Works undertaken by Affiliated Subcontractors unless the ALT has determined otherwise. 20.4.2 Where, in accordance with the Project Proposal and Section 20.3, a NOP enters into an Affiliated Subcontract, then: the Actual Cost that is payable to the NOP in respect of that Affiliated Subcontract will be calculated in accordance with Section 5 of Schedule 9; and the Overhead and Profit payable to the NOP in respect of that Affiliated Subcontract will be: (a) calculated in accordance with the Project Proposal and Schedule 10 (Fee), to the extent so stated therein; or (b) otherwise determined by the ALT in accordance with Section 20.4.3.‌ 20.4.3 Where Section 20.4.2.2(b) applies, the ALT shall determine any adjustments to the Overhead and Profit payable to the relevant NOPs and their Affiliated Subcontractors having regard to:‌ the weighted average of the percentages of Overhead and Profit for the relevant NOPs and their Affiliated Subcontractors stated in Annex 1 of Schedule 10 (Fee) or otherwise approved by the ALT; and the estimated Actual Costs for the relevant NOPs and their Affiliated Subcontractors. 20.4.4 For the avoidance of doubt: the provisions of this Section 20.4 will also apply (as applicable) to any adjustments to the Fee following a change to the Target Outturn Cost in accordance with this Agreement; and a NOP will only be entitled to an adjustment of the Fee under Section 20.4.3 in respect of an Affiliated Subcontract where such Affiliated Subcontract is entered into by a NOP in accordance with this Section 20.4.