(a) If a Change Compensation Event occurs during the Operational Phase for which Project Co is entitled to be paid Construction Base Costs then:
BCM = CBC + CM + PM
where:
CBC = Construction Base Costs;
CM = Construction Margin x CBC; and
PM = Project Co Margin x CBC.
(b) If a Change Compensation Event occurs during the Operational Phase for which Project Co is entitled to be paid Services Base Costs, then:
BCM = SBC + SM + PM
where:
SBC = Services Base Costs;
SM = Services Margin x SBC; and
PM = Project Co Margin x SBC.
(c) If a Change Compensation Event occurs during the Operational Phase for which Project Co is entitled to be paid:
(i) Construction Base Costs; and
(ii) Services Base Costs,
then, for the purposes of section 4.2, BCM will be the aggregate of the amounts calculated in sections 4.3(a) and 4.3(b).
Table 3 - Agreed Margins for Change Compensation Events that occur during the Operational Phase
Relevant Agreed Margin | Applicable fixed percentage | ||
| $0 - $1m | >$1m - $5m | > $5m |
Services Margin of Services Contractor (paragraph (a) of definition of Services Margin) | [bid amount]% | [bid amount]% | [bid amount]% |
Construction Margin of Services Contractor or D&C Contractor | Same as Construction Margin of D&C Contractor in Table 2 | Same as Construction Margin of D&C Contractor in Table 2 | Same as Construction Margin of D&C Contractor in Table 2 |
0% | 0% | [bid amount]% | |