Procedure forChangeofScope Clause Samples

Procedure forChangeofScope. 16.2.1 In the event of the Authority determining that a Change of Scope is necessary, it shall issue to theConcessionaire a notice specifyinginreasonable detail the works andservices contemplatedthereunder(the“ChangeofScopeNotice”). 16.2.2 Upon receipt of a Change of Scope Notice, the Concessionaire shall, with due diligence, provide to theAuthoritysuchinformationasisnecessary,together withpreliminaryDocumentationinsupportof: (a) the impact, including Material Adverse Effect with reasonable justification and evidence, if any, whichthe Change of Scope is likely to have on the Project Completion Schedule if the works or services arerequiredtobecarriedoutduringtheConstructionPeriod;and (b) the options for implementing the proposed Change of Scope and the effect, if any, each such optionwould have on the costs and time thereof, including a detailed breakdown by work classificationsspecifyingthematerialandlabourcostscalculatedinaccordancewiththescheduleofratesapplic ableto the works assigned by the Authority to its contractors, along with proposed premium/discount onsuch rates,; provided that the costincurred by the Concessionaire in providing such informationshallbe reimbursed by the Authority to the extent such costis certified by the Independent Expert asreasonable. 16.2.3 Upon receipt of information set forth in Clause 16.2.2, if the Authority decides to proceed with theChange of Scope, it shall convey its preferred option to the Concessionaire, and the Parties shall, withassistance of the Independent Expert, thereupon make good faith efforts to agree upon the time andcosts for implementation thereof. Upon reaching an agreement, the Authority shall issue an order (the“Change of Scope Order”) requiring the Concessionaire to proceed with the performance thereof. Inthe event that the Parties are unable to agree, the Authority may, by issuing a Change of Scope Order,require the Concessionaire to proceed with the performance thereof pending resolution of the Dispute,orcarryouttheworks inaccordancewithClause16.5. 16.2.4 TheprovisionsofthisAgreement,insofarastheyrelatetoConstructionWorksandTests,shallapply mutatis mutandistotheworks undertakenbytheConcessionaireunderthisArticle16.