Common use of LIFECYCLE REPLACEMENT Clause in Contracts

LIFECYCLE REPLACEMENT. 23.1 Project Co shall undertake Lifecycle Replacement at the Project Facilities in accordance with a Lifecycle Schedule which has been approved or not commented on by the Authority under the Review Procedure. 23.2 No later than forty (40) Business Days before each occasion on which any part of the Project Facilities is due for replacement (as identified in the Lifecycle Schedule), where Project Co does not believe it is necessary to undertake such replacement, Project Co shall submit to the Authority (under the Review Procedure) a written statement detailing: 23.2.1 the replacement(s) which the Lifecycle Schedule records as being due; and 23.2.2 why Project Co does not believe it is necessary to undertake such replacement having regard to the condition of the relevant part and Project Co's obligations under this Agreement. 23.3 If the Authority approves in accordance with the Review Procedure (or it is determined in accordance with the Dispute Resolution Procedure) that the replacement should be deferred, Project Co shall amend the Lifecycle Schedule to reflect such deferral. 23.4 Without prejudice to Clause 23.3 (Lifecycle Replacement) Project Co shall replace any items listed in the Lifecycle Schedule with parts of at least equivalent standard to those at the [Actual Completion Date] measured by reference to the standards set out in the Service Level Specification and the standards of the Equipment set out in Project Co's Proposals, measured in each case against the current standards for the relevant part so that as a minimum any replacement part should have an equivalent or greater anticipated lifespan at the same quality as the original part provided that nothing in this Clause 23.4 (Lifecycle Replacement) shall require the relevant elements of the Project Facilities to have a longer working life than required by paragraph [♦] of the Service Level Specification. 23.5 In the event that Project Co fails to either: 23.5.1 replace any part of the Project Facilities by the date that it is due for replacement (as identified in the Lifecycle Schedule); or 23.5.2 comply with ▇▇▇▇▇▇ 23.4 (Lifecycle Replacement), and such failure is not remedied within one (1) month of receipt of written notice by Project Co of such failure from the Authority, the Authority may remedy such failure itself and recover the cost from Project Co as a debt.

LIFECYCLE REPLACEMENT. 23.1 24.1 Project Co shall undertake Lifecycle Replacement at the Project Facilities in accordance with a Lifecycle Schedule which has been approved or not commented on by the Authority under the Review Procedure. 23.2 24.2 No later than forty (40) Business Days before each occasion on which any part of the Project Facilities is due for replacement (as identified in the Lifecycle Schedule), where Project Co does not believe it is necessary to undertake such replacement, Project Co shall submit to the Authority (under the Review Procedure) a written statement detailing: 23.2.1 24.2.1 the replacement(s) which the Lifecycle Schedule records as being due; and 23.2.2 24.2.2 why Project Co does not believe it is necessary to undertake such replacement having regard to the condition of the relevant part and Project Co's obligations under this Agreement. 23.3 24.3 If the Authority approves in accordance with the Review Procedure (or it is determined in accordance with the Dispute Resolution Procedure) that the replacement should be deferred, Project Co shall amend the Lifecycle Schedule to reflect such deferral. 23.4 24.4 Without prejudice to Clause 23.3 24.3 (Lifecycle Replacement) Project Co shall replace any items listed in the Lifecycle Schedule with parts of at least equivalent standard to those at the [relevant] [Actual Completion Date] [or in respect of the Post Completion Works, the Actual Post Completion Works Date] measured by reference to the standards set out in the Service Level Specification and the standards of the Equipment set out in [Project Co's ProposalsProposals and/or the Authority's Construction Requirements], measured in each case against the current standards for the relevant part so that as a minimum any replacement part should have an equivalent or greater anticipated lifespan at the same quality as the original part provided that nothing in this Clause 23.4 24.4 (Lifecycle Replacement) shall require the relevant elements of the Project Facilities to have a longer working life than required by paragraph [♦Appendix E] of the Service Level Specification. 23.5 24.5 In the event that Project Co fails to either: 23.5.1 24.5.1 replace any part of the Project Facilities by the date that it is due for replacement (as identified in the Lifecycle Schedule); or 23.5.2 24.5.2 comply with ▇▇▇▇▇▇ 23.4 24.4 (Lifecycle Replacement), and such failure is not remedied within one (1) month of receipt of written notice by Project Co of such failure from the Authority, the Authority may remedy such failure itself and recover the cost from Project Co as a debt.

LIFECYCLE REPLACEMENT. 23.1 24.1 Project Co shall undertake Lifecycle Replacement at the Project Facilities in accordance with a Lifecycle Schedule which has been approved or not commented on by the Authority under the Review Procedure. 23.2 24.2 No later than forty (40) Business Days before each occasion on which any part of the Project Facilities is due for replacement (as identified in the Lifecycle Schedule), where Project Co does not believe it is necessary to undertake such replacement, Project Co shall submit to the Authority (under the Review Procedure) a written statement detailing: 23.2.1 24.2.1 the replacement(s) which the Lifecycle Schedule records as being due; and 23.2.2 24.2.2 why Project Co does not believe it is necessary to undertake such replacement having regard to the condition of the relevant part and Project Co's obligations under this Agreement. 23.3 24.3 If the Authority approves in accordance with the Review Procedure (or it is determined in accordance with the Dispute Resolution Procedure) that the replacement should be deferred, Project Co shall amend the Lifecycle Schedule to reflect such deferral. 23.4 24.4 Without prejudice to Clause 23.3 24.3 (Lifecycle Replacement) Project Co shall replace any items listed in the Lifecycle Schedule with parts of at least equivalent standard to those at the [Actual Completion Date] measured by reference to the standards set out in the Service Level Specification and the standards of the Equipment set out in Project Co's Proposals, measured in each case against the current standards for the relevant part so that as a minimum any replacement part should have an equivalent or greater anticipated lifespan at the same quality as the original part provided that nothing in this Clause 23.4 24.4 (Lifecycle Replacement) shall require the relevant elements of the Project Facilities to have a longer working life than required by paragraph [♦] of the Service Level Specification. 23.5 24.5 In the event that Project Co fails to either: 23.5.1 24.5.1 replace any part of the Project Facilities by the date that it is due for replacement (as identified in the Lifecycle Schedule); or 23.5.2 24.5.2 comply with ▇▇▇▇▇▇ 23.4 24.4 (Lifecycle Replacement), and such failure is not remedied within one (1) month of receipt of written notice by Project Co of such failure from the Authority, the Authority may remedy such failure itself and recover the cost from Project Co as a debt.