Attachment 1 - Tender Consideration Plan - Community Battery Grant

Item   Issue                     Term

                                 Notice requirements will apply.

                                 YEF may request a variation for its convenience.

47.    Progress claims           Payment may be claimed at the times stated in the Agreement (either clearly agreed milestones or monthly progress
                                 payments, but consistent with the drawdown provisions in the Grant Agreement (if any)).

                                 Payment for unfixed plant may be permitted subject to agreement on appropriate form of security for Council.

                                 The Agreement shall clearly identify amounts which may be claimed and amounts which may be deducted from payments.

                                 The Superintendent shall certify the amount payable in respect of a claim within an agreed timeframe.

                                 A final construction payment claim may be made by YEF and a final certificate issued by the Superintendent at the end of the
                                 defects liability period.

48.    Default and termination   A standard default and termination provision will be included which allows an appropriate time for a party to show cause.

                                 Substantial breaches will be the standard breaches.

                                 If YEF does not show cause (or YEF becomes insolvent), Council will have the right to take work out of YEF’s hands or
                                 terminate.

                                 Council will have a right to terminate for convenience on the giving of written notice, subject to certain payments being made
                                 to YEF.

                                 Council will have a general step-in right in respect of a failure by YEF to comply with an obligation under the Agreement.

                                 The Agreement will contain a standard provision regarding frustration of contract.

49.    Notification of claims    Certain notices must be given by YEF within time limits under the Agreement to ensure that Council receives prompt notice of
                                 potential claims so that Council can manage those potential claims. All notice requirements will be clear, reasonable and
                                 achievable. There will be a time limit on disputing directions of the Superintendent, so that potential disagreements are
                                 identified early.




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