3. COMMENCEMENT AND DURATION


Required drafting (see Section 2 of SoPC4) as follows:

3.1 This Contract and the rights and obligations of the Parties shall take effect on the [Commencement Date/Effective Date].

3.2 The Services Period [in respect of each Facility]7 will commence on the Services Commencement Date [for such Facility] and terminate on the earlier of:

3.2.1 the Expiry Date; and

3.2.2 the Termination Date.

3.3 [Option to Extend the Contract Period]8

[On or before a date falling no later than [twelve (12) / twenty four (24)]9 Months prior to the Expiry Date the Authority shall, at its sole discretion, have the option to give written notice to the Contractor of its desire to extend the Expiry Date by a period of up to [five (5) years]10 (the 'Extension of Contract Period') and on the Authority giving such written notice this Contract shall remain in full force and effect until the earlier of the expiry of the Extension of Contract Period or the Termination Date subject to the agreement by the Parties (within the public procurement rules) of the terms of such extension, including any consequential variations to the Contract, the Annual Unitary Charge and any Ancillary Documents including, without limitation, the adjustment of the Base Case to remove the capital expenditure that has been amortised.]




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7 If there is more than one Facility other consequential amendments may be necessary to the Contract for example, in relation to Commissioning, payment, Longstop Dates etc.

8 If Authorities wish to include this option, they must ensure that their Official Journal of the European Union (OJEU) contract notice provides sufficient flexibility for any such extension.

9 Authority to decide appropriate period.

10 Period to reflect the provisions in the Authority's OJEU contract notice.