Common use of Developer Changes Clause in Contracts

Developer Changes. 10.6.1 If Developer wishes to introduce a change in the Work (a “Developer Change”), it must deliver written notice (the “Developer Change Request”) to the Authority setting out the following: 10.6.1.1 the proposed change to the Works in sufficient detail to enable the Authority to evaluate it in full; 10.6.1.2 Developer’s reasons for proposing the change to the Works; 10.6.1.3 a request to the Authority to consult with Developer with a view to deciding whether to agree to the change to the Works and, if so, what consequential changes the Authority requires due to the Developer Change; 10.6.1.4 any implications of the change to the Works; 10.6.1.5 details regarding proposed variations to the Maintenance Payment, if any (and, if so, giving a detailed cost estimate of such proposed change); 10.6.1.6 any dates by which a decision by the Authority is critical; and 10.6.1.7 all of the information enumerated above in Section 10.3.1. 10.6.2 The Authority shall evaluate the Developer Change Request in good faith, taking into account all relevant issues, including whether: 10.6.2.1 a change in the Maintenance Payments will occur; 10.6.2.2 the change affects the quality of the Works or the likelihood of successful delivery of the Works; 10.6.2.3 the change will adversely interfere with the relationship of the Authority with third parties; 10.6.2.4 the financial strength of Developer is sufficient to perform the changed Work; 10.6.2.5 the residual value of the Project is reduced; or 10.6.2.6 the change materially affects the risk or costs to which the Authority is exposed. 10.6.3 As soon as practicable after receiving the Developer Change Request, the Parties shall meet and discuss the matters referred to in it. During their discussions the Authority may propose modifications or, subject to Section 10.6.7, approve or reject the Developer Change Request. Upon receipt of a Developer Change Request, the Authority shall issue a response to Developer as soon as practicable and in no event later than fifteen (15) days. 10.6.4 If the Authority approves the Developer Change Request (with or without modification), the implementation of the relevant change to the Works shall be commenced within five (5) Business Days of the Authority’s acceptance. Within this period, the Parties shall consult and agree on the remaining details as soon as practicable and shall enter into an appropriate change order to give effect to the relevant Developer Change Request. 10.6.5 If the Authority rejects the Developer Change Request, it shall not be obliged to give its reasons for such a rejection. 10.6.6 Unless the Authority’s acceptance specifically agrees to an increase in the Maintenance Payments there shall be no increase in the Maintenance Payments as a result of a change to the Works proposed by Developer. 10.6.7 The Authority shall not be entitled to reject a Developer Change Request, which is required in order to conform to a Change in Law. The costs of introducing a change to the Work resulting from a Qualifying Change in Law (including any resulting variation in the Maintenance Payments) shall be calculated and paid in accordance with Article 13 (Change in Law), and to the extent such costs are not compensable pursuant to Article 13 (Change in Law), they shall be borne by Developer.