Project Agreement Performance and Efficiency Reviews Clause Samples

Project Agreement Performance and Efficiency Reviews. (a) PPP Co. shall adopt a continuous improvement approach to the provision of all Services, and shall work proactively with the Authority to identify and implement opportunities and related initiatives for improving the performance, efficiency and effectiveness (including in particular improved energy efficiency, sustainability and climate impact reduction) of the Project Facilities and the Services, taking into account Good Industry Practice and Irish government policy. (b) Every two (2) years during the Term following the Certification Date for the [last] Project Facility to achieve Certification (each a “Project Agreement Review Date”) the Authority and PPP Co. shall meet to review PPP Co.’s performance of this Project Agreement and shall conduct a Project Agreement efficiency review in order to ensure that the Services and the Project Facilities are providing a suitable and cost effective solution for the Authority (the “Project Agreement Review”). Each Project Agreement Review shall be carried out during the first 3 (three) months of the calendar year in which the relevant Project Agreement Review Date falls due (or such other time as the Authority may direct in writing). All net savings arising from any Project Agreement Review shall be shared between the Authority and PPP Co. with 75% going to the Authority and 25% going to PPP Co. (c) PPP Co. shall produce a Project Agreement improvement report (each a “Project Agreement Improvement Report”) and submit this for review by the Authority no less than twenty (20) Business Days prior to the relevant Project Agreement Review Date. (d) The Project Agreement Improvement Report shall identify any activities undertaken by PPP Co. to improve the effectiveness of the Services, and any further opportunities for improvement of the Project Agreement through prospective changes in the Services and/or behaviour or usage changes by either Party and shall include as a minimum: