25.12  Costs of Works

The Service Provider shall be responsible for all costs of, and shall make all payments due to, Statutory Undertakers in connection with any Diversionary Works provided that:

(a)  subject to clause 25.12(b) and clause 25.17, the Authority shall pay to the Service Provider within twenty (20) Business Days of receipt by the Authority, any monies actually received by it from any Statutory Undertaker in respect of the Project Network pursuant to any provision of NRSWA, the Regulations or the Codes of Practice, other than fees relating to Sample Inspections;

(b)  if a contribution is made to the Authority pursuant to Section 78 of NRSWA then payment shall only be made to the Service Provider if the contribution relates to costs actually incurred, or likely to be incurred, by the Service Provider during the Contract Period and the Service Provider shall pay to the Authority any contribution received if the contribution relates to costs incurred or likely to be incurred outside the Contract Period;

(c)  at the request of the Service Provider, the Authority shall use reasonable endeavours to recover and pay to the Service Provider (other than charges pursuant to Section 74A) of NRSWA all sums due to the Authority as Street Authority in respect of the Project Network pursuant to NRSWA, the Regulations or Codes of Practice and the Service Provider shall reimburse to the Authority all costs (including administrative costs, general staff costs and overheads) incurred by the Authority in pursuing payment of such sums.