"Associated Entity"

means, in relation to any body corporate:

(a)  any Associate of that body corporate;

(b)  any member, director or partner of such body corporate or any of their Associates;

(c)  any partner in any partnership or any person who participates in any profit sharing or joint purse arrangement, in each case to which that body corporate or any person mentioned in paragraph (a) or (b) is also a party;

(d)  any member, director, officer or employee of any of the persons referred to in paragraphs (a) to (c) or any of those persons' spouses, children, step-children or partners; or

(e)  any body corporate of which any person referred to in (c) above is a member, director, officer or employee

"Compliant Tender"

means a tender received from a Tenderer which complies with the Tender Requirements

"Excluded Person"

means hubco (or where a Supply Chain Member or proposed Supply Chain Member is conducting the Market Testing, the relevant Supply Chain Member or proposed Supply Chain Member), any Associated Entity of hubco (or the relevant Supply Chain Member or proposed Supply Chain Member) and any sub-contractor of such an Associated Entity

"Market Tested Element"

means the element of a New Project (whether a construction prime cost element, a construction non-prime cost element, funding, lifecycle, or hard or soft facilities management services, management services cost elements or otherwise) which would be required to be provided as part of the Project Services should the New Project in question become an Approved Project and which are to be the subject of a Market Test pursuant to paragraph 4.5 below

"Market Testing"

means the carrying out of a market test process in accordance with the provisions of this Schedule Part 6 (New Project Pricing Report) and "Market Test" shall be construed accordingly

"Preferred Tenderer"

means, following the Market Testing of any Market Tested Element, any group of Market Tested Elements or any part of any Market Tested Element (as the case may be), the Tenderer selected to provide such services in accordance with the provisions of paragraph 5.2.4 below

"Pricing Report"

means the report referred to in paragraph 4.1 below

"Prohibited Act"

subject to paragraph 6 below, has the meaning given to it in Clause 25 (Corrupt Gifts and Fraudulent Payments)

"Prospective Tenderers"

means those persons who express an interest in being included in any Market Testing of Market Tested Elements, group of Market Tested Elements or any part of any Market Tested Element (as the case may be)

"Relevant Employees"

means in relation to any service comprised within a Market Tested Element for which a Tenderer is tendering, any persons employed by any of the Relevant Participant(s) or any other organisation or body (including, for the avoidance of doubt, any sub-contractor or agent engaged by the Relevant Participant(s)) who will be wholly or mainly engaged in the provision of that service as at the relevant Transfer Date (as defined under any Project Agreement concluded in respect of the New Project in question should it become an Approved Project) and who will become an employee of the Project Service Provider or a Supply Chain Member providing the Market Testing Services in accordance with the relevant provisions of such Project Agreement 

"Tender Requirements"

means the form and requirements of the tender documents to be sent to Tenderers as agreed or determined in accordance with the provisions of this Schedule Part 6 (New Project Pricing Report)

"Tender Validity Period"

means the period within which tenders from Tenderers must be received if they are to be valid

"Tenderers"

means those of the Prospective Tenderers selected to submit tenders in accordance with paragraph 5.2.2 below

"TUPE Information"

means information relating to the terms and conditions, job title, age, length of service and benefits of the Relevant Employees.