Unless this Deed expressly states otherwise, the amount payable (AP) in respect of a Change Compensation Event which occurs during the Operational Phase is calculated as follows:
AP = BCM + FMC + PC - S |
where: | |
AP = | (a) the amount payable to Project Co, where AP is a positive amount; or |
| (b) the amount payable to the State, where AP is a negative amount; |
BCM = | where applicable, the amount of any Base Costs plus, where applicable, Agreed Margins on those Base Costs. BCM is calculated in accordance with section 4.3; |
FMC = | where applicable, the Operational Phase Force Majeure Event Costs that are directly attributable to the relevant Change Compensation Event calculated in accordance with section 4.4 for any Force Majeure Event; |
PC= | where the Change Compensation Event is an Extension Event that occurs during the Operational Phase but, before Final Acceptance, the cost of delay, being the amount of any Prolongation Costs that are directly attributable to that Change Compensation Event calculated in accordance with section 4.5; and |
S = | the amount of any Savings. |
Where the Change Compensation Event is the preparation of a Modification Proposal under Item 9 in Table 1, BCM = Consultant Costs.