44.4  Contractor's Share91

The Contractor's Share of any Cumulative Capital Expenditure agreed or determined to be required as a result of a Qualifying Change in Law arising under paragraph (c) of such definition shall be solely for the account of the Contractor.

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91  Authorities should explore with Bidders whether extending the application of the Contractor's Share to limbs (b), (d), (e) and (f) (particularly in relation to Specific Changes in Law) provides better value for money when compared to an approach where the Contractor's Share only relates to General Changes in Law giving rise to capital expenditure. The rational for this proposal is set out in paragraph 5.3.7 of the Defra Derogations Guidance.