Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

2114.2 Value EngineeringThe Supplier may, at any time, submit to the Purchaser a written proposal which inthe Supplier's opinion will reduce the cost of constructing, maintaining or operatingthe Facility, or improve the efficiency or value to the Purchaser of the completedFacility, or otherwise be of benefit to the Purchaser. Any such proposal shall beprepared at the cost of the Supplier and shall include the items listed in Sub-Clause14.3.14.3 Variation ProcedureIf the Purchaser requests a proposal or instructs a variation, the Supplier shall submit,as soon as practicable:(a)(b)(c)a description of the proposed design, work and/or services to be performedand a programme for its execution;the Supplier's proposal for any necessary modifications to the programmeaccording to Sub-Clause 4.8; andthe Supplier's proposal for adjustment to the Charge, Time for Completionand/or modifications to the Contract.The Purchaser shall, as soon as practicable after receipt of such proposals, respondwith its approval, rejection or comments. If a Variation is to be carried out, theParties must first agree adjustments to the Charge, Time for Completion and ExpiryDate, modifications to the Contract and who is to obtain any necessary Permits andthe relevant Party shall obtain such Permits.Adjustment of the Charge shall include profit and cost of financing, and shall takeaccount of the Supplier's submissions under Sub-Clause 14.2 and any rates set out inthis Contract.14.4 Right or RefusalThe Supplier shall have the right to refuse a Variation requested by the Purchaser if:(a)(b)(c)the Supplier reasonably considers that the Variation, if implemented, wouldhave a material adverse effect on the Supplier’s ability to provide the Servicesor perform its obligations under or in connection with this Contract;the Variation would cause the Supplier to breach any Permits; orthe Variation would, if implemented, materially adversely affect the health andsafety of any person or give rise to a breach of any Applicable Law.14.5 Base Monthly ChargeIf whilst implementing the Variation, the Variation affects the ability of the Supplierto provide the whole or part of the Services or fulfil its obligations under or inconnection with this Contract the Supplier will be entitled to be paid the BaseMonthly Charge.PPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007