8.  UTILITY PROCUREMENT118

8.1  Project Co shall have responsibility for the procurement of Energy, water, sewerage and drainage and shall enter into contracts with relevant suppliers.

8.2  Not less than 60 Business Days prior to any Utility Contract Date, Project Co shall inform the Board's Representative of the forthcoming requirement for a utility contract including details of current supply contract arrangements (if any), broad parameters of the requirement including anticipated volumes and security required and any other information as may be reasonably required to obtain a quotation for such supply.

8.3  Within 10 Business Days of receiving a notice from Project Co pursuant to paragraph 8.2 (Utility Procurement), the Board may provide Project Co with details of a supplier and relevant contract information that it wishes Project Co to include on the tender list for the relevant utility contract.

8.4  Not less than 30 Business Days prior to any Utility Contract Date, Project Co shall forward to the Board's Representative quotes from at least three suppliers, to include any supplier nominated by the Board pursuant to paragraph 8.3 (Utility Procurement), including a reasoned recommendation as to which quote Project Co views as offering best value for money for Project Co and the Board, taking into account all relevant circumstances, including cost, relative security of supply and the basis and quality of supply.

8.5  Within 10 Business Days of receiving a recommendation from Project Co pursuant to paragraph 8.4 (Utility Procurement), the Board may object in writing to Project Co's recommended utility contract, failing which Project Co shall be entitled to accept the supplier recommended by Project Co as aforesaid. Any failure to agree on an alternative utility contract following an objection by the Board will be subject to the Dispute Resolution Procedure.

8.6  Project Co shall enter into a contract with the supplier and under the terms recommended under paragraph 8.4 (Utility Procurement) or with any other supplier or under any other terms as may be agreed or determined pursuant to paragraph 8.5 (Utility Procurement), prior to the relevant Utility Contract Date.




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118  Project specific consideration required of any circumstances where Project Co may include combined heat and power plant or renewable energy systems which may lead to the sale of energy to third parties (Eg. electricity back to the grid). Project Teams will want to consider appropriate income sharing and risk allocation having regard to: the nature of payment for equipment (capital and maintenance) through the Annual Service Payment, payment for any source Energy (eg. gas, biomass) and the level of underwriting of third party revenue. Broader consideration of drafting may be required for commercial arrangements in the nature if an energy supply contract where the cost of equipment is not included in the Annual Service Payment.