34 Change in Law (HPP Ref: Clause 52 (Change in Law))

(a) If General Change in Law risk is to be adopted by the Contractor the following amendments to HPP should be made:

(i) delete the definition of Contractor's Share and Schedule 3 (Change in Law - Contractor's Share);

(ii) delete the definition of Cumulative Capital Expenditure;

(iii) delete limb (d) of the definition of Qualifying Change in Law;

(iv) clause 52 should be amended as follows:

Clause 52.5 (Contractor's Share) should be deleted and replaced with the following:

The Contractor shall be solely responsible for all Losses arising from a General Change in Law (including, for the avoidance of doubt, all Capital Expenditure arising therefrom).

Clause 52.4 (Funding for Capital Expenditure) should be amended by deleting the following words:

(excluding the Contractor's Share of any Capital Expenditure agreed or determined to be required as a result of a General Change in Law under this clause 52.4).

(b) If Specific Change in Law risk is to be assumed by the Contractor the following amendments to HPP are to be made:

(i) delete the definition of Specific Change in Law; and

(ii) delete limb (b) of the definition of Qualifying Change in Law.

(c) In an extra care project where care services are not outsourced to the Contractor then limb (b) of the definition of Qualifying Change in Law should be retained and the definition of Specific Change in Law should be deleted and replaced with the following:

Specific Change in Law means a Change in Law which specifically refers to the provision of services the same or similar to the [Care Services]31 which results in a change to the Works and/or Services provided by the Contractor to support the provision of the [Care Services].

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31 An appropriate definition of Care Services is needed and could be defined as follows:

Care Services means the personal care services to be provided by the [Care Provider] on a twenty four (24) hour basis to any Tenants of a [Dwelling].