Common use of Work Arising Clause in Contracts

Work Arising. 3.1 The Depot Facility Owner shall provide the Beneficiary with Work Arising up to the Minimum Level of Services as specified in paragraph 2 of Appendix 1. 3.2 The Depot Facility Owner shall provide the Beneficiary with additional Work Arising up to the Maximum Level of Services as specified in paragraph 3 of Appendix 1 and for such of the Fleet Vehicles, in each case as the Beneficiary may request, except where, and to the extent that, the Depot Facility Owner shall, having due regard to the Decision Criteria, determine that the work should not be carried out. 3.3 If the Beneficiary does not receive or anticipates that it will not require to receive the whole of the Work Arising specified in paragraph 2 of Appendix 1 to be provided in an Accounting Period, the Beneficiary may request that the unperformed Work Arising from that Accounting Period be carried forward to the next Accounting Period whereupon, in that Accounting Period, the Depot Facility Owner shall provide the Beneficiary with additional Work Arising of an amount equal to the unperformed Work Arising carried forward except where, and to the extent that: 3.3.1 the unperformed Work Arising carried forward exceeds 5% by value of the Work Arising specified in paragraph 2 of Appendix 1 to be provided in the Accounting Period from which that Work Arising is carried forward; or 3.3.2 the Depot Facility Owner shall, having due regard to the Decision Criteria, determine that the work should not be carried out.

Work Arising. ‌ 3.1 The Depot Facility Owner shall provide the Beneficiary with Work Arising up to the Minimum Level of Services as specified in paragraph 2 of Appendix 1. 3.2 The Depot Facility Owner shall provide the Beneficiary with additional Work Arising up to the Maximum Level of Services as specified in paragraph 3 of Appendix 1 and for such of the Fleet Vehicles, in each case as the Beneficiary may request, except where, and to the extent that, the Depot Facility Owner shall, having due regard to the Decision Criteria, determine that the work should not be carried out.out.‌ 3.3 If the Beneficiary does not receive or anticipates that it will not require to receive the whole of the Work Arising specified in paragraph 2 of Appendix 1 to be provided in an Accounting Period, the Beneficiary may request that the unperformed Work Arising from that Accounting Period be carried forward to the next Accounting Period whereupon, in that Accounting Period, the Depot Facility Owner shall provide the Beneficiary with additional Work Arising of an amount equal to the unperformed Work Arising carried forward except where, and to the extent that:that:‌ 3.3.1 the unperformed Work Arising carried forward exceeds 5% by value of the Work Arising specified in paragraph 2 of Appendix 1 to be provided in the Accounting Period from which that Work Arising is carried forward; oror‌ 3.3.2 the Depot Facility Owner shall, having due regard to the Decision Criteria, determine that the work should not be carried out.out.‌