Attachment 1 - Tender Consideration Plan - Community Battery Grant

Item   Issue               Term

40.    Time and progress   WUC may be divided into stages of completion to accommodate:

                           •   return of security for unfixed plant and material (if applicable);

                           •   commissioning;

                           •   any performance testing, including all pre-commissioning tests;

                           •   completion of all of YEF’s obligations (Practical Completion).

                           YEF will be required to complete the relevant stage by the date stated in the Agreement (as extended under the Agreement).

                           YEF shall be entitled to claim an extension of time for a standard list of qualifying causes of delay.

                           YEF shall be entitled to claim costs in certain situations if it is delayed by Council or Council’s personnel.

                           YEF will be liable for liquidated damages if it does not reach practical completion by the date for practical completion (as
                           extended under the Agreement). Liquidated damages to be capped at an agreed amount

                           The parties may agree on a provision for acceleration of the work.

                           Notice requirements will apply.

41.    Performance         TBC
       Guarantees

42.    Defects liability   There will be a 12-month defects liability period commencing on Practical Completion.

                           Defects identified in the works during the defects liability period must be rectified [at YEF’s expense??].

                           YEF and Council may agree on a defects liability plan which provides for the processes, procedures and timeframes for the
                           rectification of defects.

43.    Services            YEF to perform Services during O&M Phase in accordance with:



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