25.5  Cost Sharing Schedule

All additional Capital Expenditure incurred in implementing a change to the Service which has been agreed or determined to be necessary pursuant to clause 25.3 following a Qualifying Change in Law under paragraph (c) of the definition of Qualifying Change in Law shall be addressed in accordance with Table 2.  The Authority shall have responsibility for and bear the amounts in the column headed Cumulative Capital Expenditure which do not fall to the account of the Service Provider as part of the Service Provider's Share.

Table 2

Cumulative Capital Expenditure17

Service Provider Share

£0 to £160,000 (inclusive)

100%

£160,001 to £310,000 (inclusive)

80%

£310,001 to £500,000 (inclusive)

60%

£500,001 to £650,000 (inclusive)

40%

£650,001 to £740,000 (inclusive)

20%

£740,001 to £820,000 (inclusive)

10%

£820,001 and above

0%

and for the avoidance of doubt, this clause 25.5 and Table 2 do not apply (and the Authority shall not be obliged to bear the cost of) to any Cumulative Capital Expenditure if the General Change in Law is a foreseeable Change in Law.




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17  Example drafting.  Can be bid back item.