NO RETENDERING PROCEDURE Clause Samples
NO RETENDERING PROCEDURE. If either the Municipality is not entitled to retender pursuant to clause 59 (Termination on Private Party Default) or the Municipality elects to require an expert determination by the Termination Calculation Expert in accordance with this clause 66 (No Retendering Procedure) then the following procedure shall apply:
66.1 In determining the Adjusted Estimated Project Value the Parties shall procure that the Termination Calculation Expert will be obliged to follow the principles set out below:
66.1.1 all forecast amounts should be calculated in nominal terms at current prices, recognising the adjustment for CPI in respect of forecast inflation between the date of calculation and the forecast payment date(s) as set out in this PPP Agreement; and
66.1.2 the total of all future payments of the full Unitary Payments (without Penalty Deductions) forecast to be made shall be calculated and discounted to the Termination Date at the Termination Date Discount Rate.
66.2 If the Parties cannot agree on the Adjusted Estimated Project Value on or before the date falling thirty (30) days after the date on which the Termination Calculation Expert has determined such value, in accordance with this clause 66 (No Retendering Procedure), then the Estimated Project Value shall be determined in accordance with clause 77 (Dispute Resolution).
66.3 The Municipality shall pay to the Private Party an amount equal to the greater of the Adjusted Debt and the Adjusted Estimated Project Value on the date falling thirty (30) days after the date on which the Adjusted Estimated Project Value has been agreed or determined in accordance with this clause 66 (No Retendering Procedure).
66.4 The discharge by the Municipality of its obligation in clause (e) shall be in full and final settlement of all the Private Party’s claims and rights against the Municipality for breaches and/or termination of this PPP Agreement or any Project Documents whether in contract, delict, restitution or otherwise save for any liability that arose prior to the Termination Date (but not from the termination itself) that has not been taken into account in determining the Adjusted Estimated Project Value.
NO RETENDERING PROCEDURE. If either the Authority is not entitled to retender the provision of the Project under paragraph 1, or paragraph 2.10.2 applies, or the Authority elects to require an expert determination in accordance with this paragraph 3, then the following procedure shall apply:
3.1. Subject to paragraph 3.2 below, the Contractor shall not be entitled to receive any Post Termination Service Amount.
3.2. If the Authority elects to require an expert determination in accordance with this paragraph 3 after it has elected to follow the procedure under paragraph 2, then the Authority shall continue to pay to the Contractor each Post Termination Service Amount until the Compensation Date, in accordance with paragraph 2.7.
3.3. In agreeing or determining the Estimated Fair Value of the Contract, the Parties shall be obliged to follow the principles set out below:
NO RETENDERING PROCEDURE. If either clause 53.3 applies, or the Councils elect to require an expert determination in accordance with this clause 53.3 (No Retendering Procedure) then the following procedure shall apply.