1.1 The following definitions are used in the Contract and also referred to in this Schedule:
means a certificate issued by the Independent Certifier that the Acceptance Tests have been satisfied; | |
means the Tests so described in Schedule 11 (Tests) of the Contract; | |
has the meaning given to that at Schedule [ ] (Change Protocol) of the Contract; | |
means in relation to any document, the form of the document agreed between the Parties and initialled by or on behalf of the Parties for the purpose of identification;1 | |
means a day (other than a Saturday or Sunday) on which banks are open for domestic business in the City of London; | |
means the date of the Contract; | |
has the meaning given in Section 75(7) of the Environmental Protection Act (EPA); | |
means the contingency arrangements set out in the Method Statements; | |
means each successive Calendar Month in a Contract Year; | |
means the period from and including the Commencement Date to the Expiry Date, or if earlier, the Termination Date; | |
means all Municipal Waste arising delivered by or on behalf [or with the agreement] of the Authority [or the Waste Collections Authority (WCA) under the Authority's direction]. [Contract Waste does not include for the avoidance of doubt [any project specific exclusions to be included here]];2 | |
means a period of twelve (12) Months commencing on 1 April, provided that:- (a) the first Contract Year shall be the period commencing on the Commencement Date and ending on the day immediately following 31 March; and (b) the final Contract Year shall be the period commencing on 1 April immediately preceding the last day of the Contract Period and ending on that day; | |
means the procedure for the resolution of disputes set out in Schedule 22 (Dispute Resolution Procedure) of the Contract; | |
those events listed in Clause 44.2 (Excusing Causes) of the Contract; | |
means the [xth] anniversary of [the Effective Date] [the date of this Contract]; | |
means [specify the treatment facilities] and all supporting infrastructure including associated plant and amenities and 'Facilities' shall be interpreted accordingly; | |
has the meaning attributed to it in Section 75(5) and Section 89 of the EPA and Schedules 1 and 2 of the Controlled Waste Regulations. | |
means the person appointed jointly by the Authority and the Contractor to act as independent certifier to the Project in accordance with the Independent Certifier's Deed of Appointment; | |
means the deed of appointment of the Independent Certifier in the Agreed Form; | |
has the meaning set out in Section 39(1) if the Finance Act 1996; | |
means: (a) any Act of Parliament or subordinate legislation within the meaning of Section 21(1) of the Interpretation Act 1978; (b) any exercise of the Royal Prerogative; and (c) any enforceable community right within the meaning of Section 2 of the European Communities Act 1972, in each case in the United Kingdom; | |
means the amount calculated in accordance with paragraph 7; | |
means all waste which by virtue of Legislation a local authority has a statutory duty or power to collect, including (without limitation) Household Waste, Commercial Waste, fly tips and street cleansing arisings;3 | |
means a party to this Contract and 'Parties' shall be construed accordingly; | |
means each Contract Month during the Contract Period; | |
means [axed date by [on] which Service Commencement is planned to occur] or such other date as the Parties may agree; | |
means a certificate issued by the Independent Certifier that the Readiness Tests have been satisfied; | |
means the Tests so described in Schedule 11 (Tests) of the Contract; | |
means the commencement of the Services; | |
means the date on which Service Commencement occurs in accordance with Clause 21 (Completion of the Works) of the Contract; | |
means the period specified in Clause 3.2 (Commencement and Duration) of the Contract;4 | |
means any date of early termination of the Contract in accordance with Part XII (Termination and Compensation on Termination) of the Contract; | |
means all waste received at the Facility other than Contract Waste; | |
means the Contractor's [and/or sub-contractor's] income from third parties (other than the Authority under the Contract) associated with the Project including without limitation that derived from the sale of [ ] [(less the marginal costs of generating such income)]; | |
means the amount calculated in accordance with paragraph 3; and | |
means [specify waste collection authorities where relevant]. |
1.2 The following definitions are used in this Schedule:
means the rate of Landfill Tax applicable to the disposal of material, other than a Qualifying Material, at the time the disposal is made; | |
means waste that is taxed at the Active Landfill Tax Rate; | |
means the prevailing Active Landfill Tax Rate in the relevant Contract Year; | |
means the tonnage of Contract Waste sent to landfill in the relevant Contract Year; | |
means the tonnage of Contract Waste Accepted that is sent to landfill after having been processed by or on behalf of the Contractor; | |
means the tonnage of Contract Waste Recycled in the relevant Contract Year; | |
means the tonnage calculated in accordance with paragraph 5.1; | |
means the mileage used in the calculation of Mileage Deductions as defined within the Contingency Plan; | |
means the amount calculated in accordance with paragraph 3.1; | |
means the forecast of the Annual Unitary Charge prepared by the Contractor in accordance with paragraph 12.1; | |
means the cost base date of the relevant cash flow in the financial model; | |
means the amount calculated in accordance with paragraph 4; | |
means the indexation applicable calculated in accordance with paragraph 14.2; | |
means the factor used to calculate the Commissioning Payment in accordance with paragraph 13; | |
means the tonnage range set out in Appendix 2 (Indexed); | |
means the relevant price per tonne for the relevant Base Price Band as set out in Appendix 2; | |
means the point of discharge of Contract Waste as defined within the Contingency Plan; | |
means all Contract Waste accepted by the Contractor in accordance with the [Contract Waste Acceptance Protocol]; | |
means Contract Waste Accepted less Contract Waste Processed; | |
means Contract Waste less Contract Waste Accepted; | |
means Contract Waste Accepted that is processed through the Facility ; | |
[insert name of project company]; | |
means [bid back] %; | |
means the point of discharge of Contract Waste as defined within the relevant Method Statement; | |
means the amount calculated in accordance with paragraph 5.1; | |
means the Active Landfill Tax Rate assumed in the Base Case for the relevant Contract Year; | |
means £[bid back] (Indexed) per day; | |
means the proportion of the Base Payment which is not subject to Indexation which shall be [bid back]%; | |
means the factor calculated in accordance with paragraph 14.3; | |
means the Third Party Income set out in the Base Case; | |
means £[bid back] (Indexed) per tonne, per mile; | |
means any of the Retail Price Index, the [Average Earnings Index] or the [Baxter Index] and Indices means all of them;5 | |
means the date on which the Index is published; | |
means the [insert date]6 and every subsequent anniversary of that date; | |
means, subject to Indexation, in accordance with paragraph 14; | |
means the amount calculated in accordance with paragraph 11; | |
means [bid back]%; | |
means the tonnage of Contract Waste in a Contract Year in accordance with Appendix 3; | |
means the Unadjusted Minimum Tonnage of Contract Waste in a Contract Year in accordance with Appendix 3 less the tonnage of Contract Waste Not Accepted by the Contractor; | |
means the amount calculated in accordance with paragraph 12; | |
means the deduction calculated in accordance with paragraph 8; | |
means the amount calculated in accordance with paragraph 6; | |
means £[bid back] (Indexed) per Contract Year; | |
means each event measured in accordance with the Performance Standard monitoring methodology where the Contractor fails to meet a Performance Standard; | |
means £[bid back] (Indexed) per tonne; | |
as set out in Appendix 3; | |
means a "qualifying material" as defined in the Landfill Tax (Qualifying Material) Order 1996 as modified or re-enacted from time to time; | |
[Contract Waste that has been separated from Contract Waste and reprocessed into a new product in accordance with Schedule [refer to recycling processing regime] of the Contract]; | |
means the amount calculated in accordance with paragraph 10; | |
means £[bid back] (Indexed) per tonne; | |
means [bid back]%; | |
means the sum of the Target Unprocessed Landfill Tonnage and the Target Processed Landfill Tonnage; | |
means the tonnage calculated in accordance with paragraph 5.3; | |
means [bid back]%; | |
means the tonnage calculated in accordance with paragraph 5.2; | |
means the amount calculated in accordance with paragraph 10; | |
means the tonnage | |
means £[bid back] (Indexed) per tonne; | |
means as set out in Appendix 3; and | |
means the waste flow forecast prepared and submitted to the Authority in accordance with Clause [refer to waste flow forecast provisions] of the Contract. |
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1 Such documents should be annexed to the Project Agreement.
2 NB Exceptions are a key bid back item and are project specific.
3 See note to definition of Contract Waste.
4 That is the period from the Service Commencement Date to the Expiry Date, unless the Contract is terminated early.
5 Each of the indices used in the Payment Mechanism will need to be included and a specific definition incorporated. The ones applied are shown as examples only.
6 The date one year after the price base date.
7 This definition will need to be amended where another option relating to the Non Acceptance Deduction is utilised. (see Section 2.5 of this Module 4 Part I)