“Liquid Market” – the reference to willing parties in the market for PFI contracts should be amended to “public private partnership” contracts. “NHS Specific Change in Law” – amend definition to “means any Change in Law which specifically refers to the provision of a service the same or similar to the Services or to the holding of shares in companies whose main business is providing a service the same or similar to such Services or any change in a NHS Requirement (other than any NHS Requirement which merely gives effect to Law generally and does not principally affect or principally relate to the provision or operation of the Hospital or primary healthcare or social care premises)”. Insert new definition “Pass Through Cost means the Insurance Cost payable for the relevant Contract Month”. “Potential Retained Employee” – delete definition. “PFI” – delete definition. Insert new definition - “Public Sector Body means the Secretary of State for Health and his successors or a body within Section 22(1A) of the National Health Service Act 1977 or a local government body established pursuant to the Local Government Act 1972 or the Local Government Act 1992”. “Relevant Works Change in Law” – delete definition. “Retained Employee” to “Retention of Employment Model” – delete all definitions. Insert new definition of “Retendering Information has the meaning given in paragraph 1.7 of Schedule 35A (Transfer of Employment on Expiry or Termination)”. Insert new definition “Safety Condition shall have the meaning given in Schedule 18 (Payment Mechanism)”. “Services” – delete “and including the Retained Services”. Insert new definition “Strategic Partnering Agreement means the agreement dated [ ] entered into between LiftCo (1) and [ ] relating to the primary health and social care estate in the [ ] area”. Insert new definition “Strategic Partnering Board means the board set up pursuant to the Strategic Partnering Agreement and defined in that agreement as the SPB”. “Transfer Date” – delete “an Employee” and insert “a Relevant” before “Transfer”. “Transfer Value” – delete definition. “Transferee Scheme” – delete definition. “Transferor Scheme” – delete definition. “Transferring Private Sector Employee” – delete definition. “Trust’s Cost Share” – delete definition. “Unavoidable Cost” – delete definition.
“Uninsurable Risk” – delete “means a risk against which Project Co is require to insure … after the date of this Agreement” and insert “means in respect of the insurance referred to in Part 2 of Schedule 21 (Insurance Requirements) and for which with effect from the Actual Completion Date”. In sub-paragraph (b) amend “PFI” to “public private partnership”. Schedule 2 – Completion documents Part 1 – delete items 18 and 19. Part 2 – delete reference to the Insurance Proceeds Account Agreement in item 2. Delete items 3, 6 and 7. Schedule 6 – Funders’ Direct Agreement Paragraph 5 (Economic Reinstatement Test) – delete this paragraph and insert “not used”. Paragraph 10.9 – delete “and 4” in the third line. Delete “the Insurance Proceeds Account” and insert “an insurance proceeds account in the joint names of Project Co and the Trust to be held on trust and”. Schedule 11 – Collateral Warranty Paragraph 2.3 – delete and insert “not used”. Schedule 17 – Market Testing Procedure Paragraph 3.1.5(i) – amend cross reference on last line from “Clause 31.6” to “Schedule 32 (Bulk Transfer Assumptions)”. Schedule 18 – Payment Mechanism Note, we have not incorporated any right of self help into the LRA. Part A "Bedding-In" - delete "as the case may be" and "the Actual Completion Date or a Phase Completion Date". "Completion Bedding In" - delete definition. Insert definition “Insurance Cost has the meaning given in Schedule 1 (Definitions)”. Insert definition of “Pass Through Costs means the Insurance Cost payable for the relevant Contract Month”. Delete definitions of “Phase Completion Bedding In Period” and “Phase Completion Date”. “RoE Costs” – delete definition plus references to the term throughout Schedule 18. Part B Insert “+PTC” into the formula after (ASPn/12). Add in paragraph 1.1.3A “PTC is the Pass Through Costs for the Contract Month”. Paragraphs 1.1.5 and 1.1.6 – delete references to Emission Saving Adjustment and Excess Emission Adjustment respectively. Delete “+RoE” from the formula in paragraph 2.1.
Part B, paragraph 4.3.3(c)(i) – delete “the Insurance Proceeds Account” and insert “an insurance proceeds account”. Part C, paragraph 1.2.5 – amend cross reference from Clause 36.19 to Clause 36.13A. Schedule 26 – Dispute Resolution Procedure Delete whole schedule and replace with Appendix G. Schedule 32 – Bulk Transfer Assumptions Insert Appendix H. Schedule 33 – Retained Staff Agreement Delete whole schedule and insert “Not used”. Schedule 34 – Insurance Proceeds Account Agreement Delete whole schedule and insert “Not used”. Schedule 35 Insert new schedule “Transfer of Employment and Pensions”, Appendix C Schedule 35A Insert new schedule “Transfer of Employment on Expiry and Termination”, Appendix I. Department of Health June 2006 Appendix A Insurance drafting 36.4(e) in respect of any policy of insurance which insures the rights of more than one party, contain a provision that: (i) no claim of any of the insured under the policy shall be defeated, prejudiced or otherwise affected by any act or omission on the part of any other insured and shall insure the interests of each insured regardless of any act or omission on the part of any other insured party; and (ii) operates, save for limits of liability and/or amount, in the same manner as if there were a separate policy with and covering each insured and be without right of contribution from any other insurance which is carried by an insured; 36.4(f) insofar as they relate to damage to assets (including the Facilities), cover the same for the full reinstatement value; and 36.4(g) comply with the relevant provisions of Schedule 21 (Insurance Requirements). Subrogation and Vitiation