1.1 Definitions
No | SoPC4 clause/ reference | PA clause/ reference | Description / Extent of non-compliance | Comments/Reason for departure | |
[Each derogations table should be a stand-alone document and contain the actual drafting amendments redlined against the relevant clause from the Housing PFI Project Agreement. Where new wording or additional clauses are being proposed, the full text of those new or additional clauses should be shown here as redlined insertions. Similarly, where clauses are being deleted, the wording which is being removed should be shown here as redlined deletions. | [Where a derogation sought is project specific, detailed justifications as to what makes it project specific must be stated in this column. Merely noting that a derogation is "project specific" with no project specific reasoning is insufficient. Similarly, 'better value for money must be evidenced. Furthermore please also note that derogations that are for clarificatory drafting purposes only are not project specific and are not acceptable derogations.] | ||||
EXAMPLE OF FORMAT ONLY: | |||||
1 | Means any one or more of the following: a) a breach by the Authority of any of its obligations or of any warranty under this Agreement; b) a breach by the Authority of clause 6.4 (Authority Title Warranty) which prevents or disrupts the provision of the Works and/or the Services; | Project specific to reflect the agreed Compensation Events on this Project and the provision of a title warranty by the Authority. | HCA Response: 20/09/09 The amendment to limb (a) is accepted in line with the BSF standard form The remaining limbs should be rejected as they simply refer to breaches by the authority which are caught by the general words.. IUK Comment 24.4.09: - limb (a) acceptable - limb (b) not necessary nor acceptable. It relates to breaches of the Authority's warranty and is caught by limb (a) | ||