STANDARDISATION OF PF2 CONTRACTS PROVISION | SOURCE OF CHANGE WHERE RELEVANT | EXPLANATION OF HOW PROVISION HAS CHANGED THE SoPC4 POSITION |
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Market up-date | Minor drafting changes to definition of Contractor Default | |
Market up-date | This is an additional Contractor Default where health and safety is a particular concern. Contains suitable drafting and definition of Contractor Related Party. | |
Section 23.2.3.3 (Termination for Persistent Breach by the Contractor) | Policy | A definition of "Information Breach" is needed and is provided. |
Policy | Repeated Information Breaches will be treated as a Persistent Breach. | |
Market up-date | Minor change to definition of "Maximum Unitary Charge". | |
Policy | Life Cycle Surplus taken into account in determining what is paid on termination. | |
Policy | Definition of "Deemed New Contract" amended to include the new concept of Handover. See Sections 7.6, 7.7 and 7.8 above. | |
Market up-date | Amendment of definition of "Termination Date Discount Rate". | |
Market up-date | Several changes to give effect more clearly to the purpose of the Clause. | |
Clause 23.3.2 (Compensation on Termination of Force Majeure) | Policy | Sub-clause (h) added to provide for the sharing of the Life Cycle Surplus. |
Market up-date | Definition of "Prohibited Act" amended to refer to Bribery Act. | |
Market up-date | Amendments at sub-clauses (b), (d), (f) and (h) to take account of Bribery Act requirements. | |
Market up-date | Undertaking by Contractor to comply with Bribery Act. | |
Clause 23.4.4 (Compensation on Termination for Corrupt Gifts and Fraud) | Policy | Sub-clause (d) added to provide for the payment of the Lifecycle Surplus. |
Policy | Amended to provide for the sharing of the Lifecycle Surplus. | |
Clause 23.6.1 (Termination by the Authority for Breach of the Refinancing Provisions) | Policy | Sub-clause (e) added to provide for the payment of the Lifecycle Surplus. |