Prospective Change definition
Examples of Prospective Change in a sentence
The Parties recognise that a Prospective Change could affect the Purchase Price and Programme.
The Parties, the NSF2 Steering Group and Network Rail (where relevant) will discuss in good faith the Prospective Change and its effect on the Deliverable Price.
For any Prospective Change to become a Change it must first be approved by the Parties, the NSF2 Steering Group in accordance with NSF2 Requirements and the Funder (where relevant) and any impact of such Prospective Change on the Deliverable Price and Programme must be agreed, subject to the maximum amount of the Contingency detailed in paragraph 2 of Appendix 2, the NSF2 Capped Funding and the Long Stop Date.
The Delivery Agent will make a Prospective Change submission to Network Rail for onward transmission to the NSF2 Steering Group detailing the change, the relevant QRA Permitted Risk which has occurred and its impact on the Project.
The Delivery Agent and the SCPF Steering Group (and the Funder where relevant) will discuss in good faith the Prospective Change and its effect on the Purchase Price and the Delivery Agent agrees to provide the SCPF Steering Group (and Funder where relevant) with any additional information reasonably requested in order to fully and completely evaluate the impact of the Change.
As used herein, the term "Prospective Change in Control" means (i) any offer presented, directly or indirectly, to the Board of Directors of the Company which, if consummated, would constitute a Change in Control, or (ii) any negotiation with the Board of Directors or any committee or representative thereof to make such an offer (including the unilateral announcement of the terms on which such an offer would be made).
For any Prospective Change to become a Change it must be approved by the SCPF Steering Group in accordance with SCPF Requirements (and Funder where relevant) and any impact of such Prospective Change on the Purchase Price and Programme be agreed.
The Parties recognise that a Prospective Change could affect the Project Cost or Programme.
A Prospective Change shall become a Change as soon as reasonably practicable, when the SCPF Steering Group confirms that an Unforeseen Project Risk has occurred and is justified in accordance with Clause 5.
If the Delivery Agent, the SCPF Steering Group (and Funder where relevant) are unable to agree the amendment to the Purchase Price and Programme of a Prospective Change, either Party may escalate the matter in accordance with Clause 12.6. Other than for an agreed Change or Changes and subject to the Asset Protection Agreement and/or Landlord’s Consent as appropriate, the Delivery Agent shall be responsible for any increase in the cost of the Project in excess of the Purchase Price or the Capped Price.