DOES NOT PROPOSE A REDUCTION IN THE
CAPITAL PRICE AND THE SERVICES CHARGE REASONS FOR THIS INDIVIDUALLY ITEMISED FOR
EACH ITEM OF THE WORK OR OTHER MATTER SET OUT IN SCHEDULE 26.
(C)
THE PARTIES WILL, WITHIN 20 BUSINESS DAYS OF COMPLETION OF
THE NTS SOLUTION REQUIREMENTS PHASE, USE REASONABLE ENDEAVOURS TO AGREE UPON A
REDUCTION IN THE CAPITAL PRICE AND THE SERVICES CHARGE IN RESPECT OF THE ITEMS
OF WORK OR OTHER MATTERS SET OUT IN SCHEDULE 26 AND THE CAPITAL PRICE AND THE
SERVICES CHARGE WILL BE VARIED IN ACCORDANCE WITH ANY SUCH AGREEMENT.
11.5
CIVIL WORKS
The Contractor:
(A)
WILL CONDUCT A TENDER PROCESS TO OBTAIN 3 SEPARATE QUOTES
FROM EXPERIENCED AND CAPABLE CONTRACTORS AGREED TO BY THE PRINCIPAL (BUT FAILING
AGREEMENT, AS NOMINATED BY THE PRINCIPAL) TO CARRY OUT THE CIVIL WORKS
DOCUMENTED BY THE CONTRACTOR PURSUANT TO CLAUSE 11.1(B)(III)C WITHIN 2 MONTHS OF
COMPLETION OF THE NTS SOLUTION REQUIREMENTS PHASE OR ANY OTHER PERIOD REASONABLY
NOMINATED BY THE PRINCIPAL;
(B)
WILL BE RESPONSIBLE FOR SELECTING A PREFERRED SUBCONTRACTOR
FROM THIS TENDER PROCESS BUT MUST PERMIT THE PRINCIPAL'S REPRESENTATIVE TO
REVIEW ALL MATERIALS THAT ARE SUBMITTED IN THE TENDER PROCESS AND PROVIDE ANY
OTHER INFORMATION THAT THE PRINCIPAL REASONABLY REQUIRES;
(C)
MUST DEMONSTRATE TO THE REASONABLE SATISFACTION OF THE
PRINCIPAL THAT THE PREFERRED SUBCONTRACTOR IS THE BEST CHOICE HAVING REGARD TO:
(I)
THE PRICE QUOTED IN THE PRE-EXISTING MARKET CONDITIONS;
(II)
THE EXPERIENCE AND CAPABILITY OF THAT SUBCONTRACTOR; AND
(III)
THE ABILITY OF THE CONTRACTOR TO CARRY OUT THE WORK IF IT
SUBCONTRACTS THE CIVIL WORKS TO THE SUBCONTRACTOR;
(D)
MUST CARRY OUT THE CIVIL WORKS BY ENTERING INTO A
SUBCONTRACTING AGREEMENT WITH THE PREFERRED SUBCONTRACTOR ON TERMS REASONABLY
AGREEABLE TO THE PRINCIPAL AND THE
59
CONTRACTOR.
UNDER SUCH AN ARRANGEMENT, THE PRINCIPAL MUST, WITHIN 20 BUSINESS
DAYS OF A WRITTEN NOTICE FROM THE CONTRACTOR:
(I)
SETTING OUT AN AMOUNT WHICH IT HAS PAID TO THE PREFERRED
SUBCONTRACTOR PURSUANT TO THE SUBCONTRACT, TOGETHER WITH A COPY OF THE RELEVANT
INVOICE FROM THE SUBCONTRACTOR AND SUCH OTHER INFORMATION REASONABLY REQUIRED BY
THE PRINCIPAL IN RELATION TO SUCH PAYMENT; AND
(II)
SETTING OUT FULL DETAILS OF THE CONTRACTOR'S DIRECT COSTS
OF ADMINISTERING SUCH A SUBCONTRACT, INCLUDING SUCH FURTHER INFORMATION
SUBSTANTIATING THOSE DETAILS AS IS REASONABLY REQUIRED BY THE PRINCIPAL,
reimburse the Contractor for the amount set out in the notice in relation to the
payment made to the subcontractor and pay to the Contractor the direct costs set
out in the notice plus a [**]% margin on those direct costs of administration,
except that where the Principal disputes any amount set out in the notice from
the Contractor:
(III)
THE PRINCIPAL MUST PAY ANY UNDISPUTED AMOUNTS WITHIN 20
BUSINESS DAYS OF RECEIPT OF THE NOTICE FROM THE CONTRACTOR; AND
(IV)
THE PRINCIPAL MAY DISPUTE THE NOTICE RECEIVED FROM THE
CONTRACTOR IN ACCORDANCE WITH THE PROCESS SET OUT IN CLAUSE 27.5 AS IF
REFERENCES TO MONTHLY INVOICES IN THAT CLAUSE WERE REFERENCES TO THE WRITTEN
NOTICE RECEIVED BY