PROGRAMME AND DATES FOR COMPLETION. Dates for Completion 14.1 Project Co shall complete the Works [relating to a Phase] by the [Completion Date] [relevant Phase Completion Date]. Without prejudice to Clause 40 (Project Co Event of Default), 42 (Authority Voluntary Termination), 46 (Compensation on Termination) and 47 (Consequences of Termination) the Authority shall not be entitled to claim liquidated or general damages in respect of any delay which elapses between the [Completion Date] [Phase Completion Date] and the [Actual Completion Date] [relevant Phase Actual Completion Date]. 14.2 Any Programme submitted in accordance with the provisions set out below shall be prepared in accordance with Good Industry Practice and shall be in sufficient detail so as to enable the Authority's Representative to monitor the progress including all commissioning activities and likely future progress of the Works. 14.3 The initial Programme is set out at Schedule 7 (The Programme). Any change to the Programme shall only be made in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule 8 (Review Procedure). Project Co shall promptly submit to the Authority's Representative a copy of any version of the Programme varied in accordance with this Clause 14 (Programme and dates for Completion) and Schedule 8 (Review Procedure). 14.4 If it appears to the Authority's Representative at any time that the actual progress of the Works has significantly fallen behind the Programme, then the Authority's Representative shall be entitled to require Project Co to submit to the Authority's Representative a report identifying the reasons for the delay and, unless the event causing the delay is still subsisting and it is not possible to predict with any certainty when the delay might come to an end, require Project Co (at the Authority's option): 14.4.1 to produce and submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a revised Programme showing the manner and the periods in which the Works will be carried out to ensure completion; and/or 14.4.2 to produce and submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a revised Programme showing the steps which are to be taken to eliminate or reduce the delay. 14.5 Notwithstanding that the Works [relating to a Phase] may have been completed in accordance with this Agreement, the [Actual Completion Date] [Phase Actual Completion Date] may only occur on a date on or after the Completion Date [Phase Completion Date] unless the Authority, in its absolute discretion, agrees otherwise in writing. 14.6 Project Co shall notify the Authority's Representative if at any time the actual progress of the Works [relating to a Phase] is significantly ahead of the Programme such that Project Co anticipates that the Actual Completion Date [Phase Actual Completion Date] could occur earlier than the Completion Date [relevant Phase Completion Date] in which case the Authority's Representative shall be entitled to require Project Co to produce and submit to the Authority's Representative a revised Programme showing the manner and the periods in which the Works [relating to the relevant Phase] will be carried out and what the revised date for completion would be to enable: 14.6.1 the Authority to consider (at its absolute discretion) whether to agree an earlier date for completion if requested by Project Co to do so; and 14.6.2 the parties to consider what modifications (if any) will be required to the Agreement in order to accommodate such earlier date for completion if agreed to by the Authority pursuant to Clause 14.5.]
Appears in 1 contract
Sources: Standard Form Project Agreement
PROGRAMME AND DATES FOR COMPLETION. Dates for Completion
14.1 Project Co shall complete the Works [relating to a Phase] by the [Completion Date] Date [relevant Phase Completion Date]. Without prejudice to Clause 40 (Project Co Event of Default), 42 (Authority Voluntary Termination), 46 (Compensation on Termination) and 47 (Consequences of Termination) the Authority shall not be entitled to claim liquidated or general damages in respect of any delay which elapses between the [Completion Date] Date [Phase Completion Date] and the [Actual Completion Date] Date [relevant Phase Actual Completion Date].
14.2 Any Programme submitted in accordance with the provisions set out below shall be prepared in accordance with Good Industry Practice and shall be in sufficient detail so as to enable the Authority's Representative to monitor the progress including all commissioning activities and likely future progress of the Works.
14.3 The initial Programme is set out at Schedule Part 7 (The Programme). Any change to the Programme shall only be made in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule Part 8 (Review Procedure). Project Co shall promptly submit to the Authority's Representative a copy of any version of the Programme varied in accordance with this Clause 14 (Programme and dates for Completion) and Schedule Part 8 (Review Procedure).
14.4 If it appears to the Authority's Representative at any time that the actual progress of the Works has significantly fallen behind the Programme, then the Authority's Representative shall be entitled to require Project Co to submit to the Authority's Representative a report identifying the reasons for the delay and, unless the event causing the delay is still subsisting and it is not possible to predict with any certainty when the delay might come to an end, require Project Co (at the Authority's option):
14.4.1 to produce and submit to the Authority's Representative in accordance with Schedule Part 8 (Review Procedure) a revised Programme showing the manner and the periods in which the Works will be carried out to ensure completion; and/or
14.4.2 to produce and submit to the Authority's Representative in accordance with Schedule Part 8 (Review Procedure) a revised Programme showing the steps which are to be taken to eliminate or reduce the delay.
14.5 Notwithstanding that the Works [relating to a Phase] may have been completed in accordance with this Agreement, the [Actual Completion Date] Date [Phase Actual Completion Date] may only occur on a date on or after the Completion Date [Phase Completion Date] unless the Authority, in its absolute discretion, agrees otherwise in writing.
14.6 Project Co shall notify the Authority's Representative if at any time the actual progress of the Works [relating to a Phase] is significantly ahead of the Programme such that Project Co anticipates that the Actual Completion Date [the Phase Actual Completion Date] could occur earlier than the Completion Date [relevant Phase Completion Date] in which case the Authority's Representative shall be entitled to require Project Co to produce and submit to the Authority's Representative a revised Programme showing the manner and the periods in which the Works [relating to the relevant Phase] will be carried out and what the revised date for completion would be to enable:
14.6.1 the Authority to consider (at its absolute discretion) whether to agree an earlier date for completion if requested by Project Co to do so; and
14.6.2 the parties to consider what modifications (if any) will be required to the Agreement in order to accommodate such earlier date for completion if agreed to by the Authority pursuant to Clause 14.5.]
Appears in 1 contract
Sources: Standard Form Project Agreement
PROGRAMME AND DATES FOR COMPLETION. Dates for Completion
14.1 Project Co shall complete the Works [relating to a Phase] by the [Completion Date] [relevant Phase Completion Date]. Without prejudice to Clause 40 (Project Co Event of Default)DefaulO, 42 (Authority Voluntary Termination), 46 (Compensation on Termination) and 47 (Consequences of Termination) the Authority shall not be entitled to claim liquidated or general damages in respect of any delay which elapses between the [Completion Date] [Phase Completion Date] Date and the [Actual Completion Date] [relevant Phase Actual Completion Date].
14.2 Any Programme submitted in accordance with the provisions set out below shall be prepared in accordance with Good Industry Practice and shall be in sufficient detail so as to enable the Authority's Representative to monitor the progress including all commissioning activities and likely future progress of the Works.
14.3 The initial Programme is set out at Schedule Part 7 (The Programme). Any change to the Programme shall only be made in accordance with this Clause 14 (Programme and Dates for Completion) and Schedule Part 8 (Review Procedure). Project Co shall promptly submit to the Authority's Representative a copy of any version of the Programme varied in accordance with this Clause 14 (Programme and dates for Completion) and Schedule Part 8 (Review Procedure).
14.4 If it appears to the Authority's Representative at any time that the actual progress of the Works has significantly fallen behind the Programme, then the Authority's Representative shall be entitled to require Project Co to submit to the Authority's Representative a report identifying the reasons for the delay and, unless the event causing the delay is still subsisting and it is not possible to predict with any certainty when the delay might come to an end, require Project Co (at the Authority's option):
14.4.1 to produce and submit to the Authority's Representative in accordance with Schedule Part 8 (Review Procedure) a revised Programme showing the manner and the periods in which the Works will be carried out to ensure completion; and/or
14.4.2 to produce and submit to the Authority's Representative in accordance with Schedule Part 8 (Review Procedure) a revised Programme showing the steps which are to be taken to eliminate or reduce the delay.
14.5 Notwithstanding that the Works [relating to a Phase] may have been completed in accordance with this Agreement, the [Actual Completion Date] [Phase Actual Completion Date] Date may only occur on a date on or after the Completion Date [Phase Completion Date] unless the Authority, in its absolute discretion, agrees otherwise in writing.
14.6 Project Co shall notify the Authority's Representative if at any time the actual progress of the Works [relating to a Phase] is significantly ahead of the Programme such that Project Co anticipates that the Actual Completion Date [Phase Actual Completion Date] could occur earlier than the Completion Date [relevant Phase Completion Date] in which case the Authority's Representative shall be entitled to require Project Co to produce and submit to the Authority's Representative a revised Programme showing the manner and the periods in which the Works [relating to the relevant Phase] will be carried out and what the revised date for completion would be to enable:
14.6.1 the Authority to consider (at its absolute discretion) whether to agree an earlier date for completion if requested by Project Co to do so; and
14.6.2 the parties to consider what modifications (if any) will be required to the Agreement in order to accommodate such earlier date for completion if agreed to by the Authority pursuant to Clause 14.5.]
Appears in 1 contract
Sources: Project Agreement