Common use of Contracting Authority Change Clause in Contracts

Contracting Authority Change. (a) If the Contracting Authority proposes a change to [Schedule 8 ([Qualitative Part of Submission]) or] Schedule 9 (Schedule of Requirements) or the definitions of “Scheduled Availability Date” or “Scheduled Expiry Date” and the resulting changes in Schedule 2 (Payment Mechanism), this is designated a Contracting Authority Change. (b) If: (i) a Relevant Change in Law necessitates an amendment of this Agreement; (ii) [the Route Decision, as it stands at the time of becoming irrevocable, deviates in content from the Route Decision as it stood on the date two weeks prior to [date Final Submission], and this necessitates an amendment of this Agreement]; [or] (iii) this Agreement, with the exception of the Contractor Schedules, imposes an act in conflict with Regulations or the intellectual or industrial property rights of a third party, and this can be remedied by means of an amendment to the Agreement; [or (iv) the adoption of measures or recommendations arising from Req. [⚫] of the Management Specifications leads to an amendment of this Agreement (excepting the Contractor Schedules)], the Parties must introduce the amendment as a Contracting Authority Change. A Change as referred to in this paragraph (b) may concern any provision in this Agreement, including Contractor Schedules. [If the results of the Work performed earlier by the Contractor must be undone due to the deviation as referred to in this paragraph (b) under (ii), then the Contracting Authority Change must also include an order to undo these results.] (c) A Contracting Authority Change may not result in: (i) substantive changes to the Work as compared to this Agreement's original purpose; or (ii) the Contractor having to act contrary to Regulations in the performance of the Work. (d) A Contracting Authority Change is a Compensation Event. (e) If the Contractor can demonstrate a Contracting Authority Change has had an adverse effect on the risk profile of the Work or on the Lenders then the Contracting Authority shall pay compensation for or bear the additional risks.

Contracting Authority Change. (a) If the Contracting Authority proposes a change to [Schedule 8 ([Qualitative Part of Submission]) or] Schedule 9 (Schedule of Requirements) or the definitions of “Scheduled Availability Date” or “Scheduled Expiry Date” and the resulting changes in Schedule 2 ³6FKHGXOHG ([SLU\ 'DWH´ DQG WKH UHVXOWLQ (Payment Mechanism), this is designated a Contracting Authority Change. (b) If: (i) a Relevant Change in Law necessitates an amendment of this Agreement; (ii) [the Route Decision, as it stands at the time of becoming irrevocable, deviates in content from the Route Decision as it stood on the date two weeks prior to [date Final Submission], and this necessitates an amendment of this Agreement]; [or] (iii) this Agreement, with the exception of the Contractor Schedules, imposes an act in conflict with Regulations or the intellectual or industrial property rights of a third party, and this can be remedied by means of an amendment to the Agreement; [or (iv) the adoption of measures or recommendations arising from Req. [⚫z] of the Management Specifications leads to an amendment of this Agreement (excepting the Contractor Schedules)], the Parties must introduce the amendment as a Contracting Authority Change. A Change as referred to in this paragraph (b) may concern any provision in this Agreement, including Contractor Schedules. [If the results of the Work performed earlier by the Contractor must be undone due to the deviation as referred to in this paragraph (b) under (ii), then the Contracting Authority Change must also include an order to undo these results.] (c) A Contracting Authority Change may not result in: (i) substantive changes to the Work as compared to this Agreement's original purpose; or (ii) the Contractor having to act contrary to Regulations in the performance of the Work. (d) A Contracting Authority Change is a Compensation Event. (e) If the Contractor can demonstrate a Contracting Authority Change has had an adverse effect on the risk profile of the Work or on the Lenders then the Contracting Authority shall pay compensation for or bear the additional risks.