11.1  Contractor's Obligation

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11.1.1  Insofar as the carrying out of the Works affects or may affect the provision of [Fire and Rescue] [Police] Services at any Existing Station, the Contractor shall procure that (subject to the terms of this Agreement and, in particular subject to clause 11.1.2) the Works are carried out to the extent reasonably practicable in accordance with the Construction Programme so as to minimise any disruption to the provision of [Fire and Rescue] [Police] Services.

11.1.2  Without prejudice to the requirement of the Contractor to notify pursuant to clause 1693, if either:

(a)  the Contractor becomes aware at any time that the actual progress of the Works may become or has been significantly delayed or has fallen behind the Construction Programme; or

(b)  it appears to the Authority's Representative at any time that the actual progress of the Works has been significantly delayed or has fallen behind the Construction Programme (and the Authority's Representative requests the Contractor's Representative to do so),

the Contractor's Representative shall submit to the Authority's Representative a report identifying the reasons for the delay and (where the Authority's Representative requires the Contractor's Representative to do so) the Contractor's Representative shall produce and submit to the Authority's Representative a revised Construction Programme showing the manner and the periods in which the Works will be carried out to achieve the Planned Services Availability Date and/or showing the steps which are to be taken to eliminate or reduce the delay.




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93 Clause 11.1.2 is stated to be without prejudice to the requirement to notify the Contractor pursuant to Clause 16 (Extensions of Time) where there is likely to be a delay in Services Availability and to provide information in relation to the delay.  Hence there is an obligation on the Contractor to notify and provide information pursuant to Clause 16 rather than an obligation to only provide a report where this is requested by the Authority.