Transport for LondonPPP Contracts
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SCHEDULE 1.4 - Utilities |
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Payment for Utilities |
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Payment for and Procurement of Utilities |
| 1.1 LUL shall from time to time contract with the Utilities Providers for Utilities supplied for the use of the Underground Network, Depot Premises or premises demised by any Depot Sub-lease, Acton Works Lease or any Office Accommodation Lease and which are used by Infraco to provide the Services for each Contract Year, and shall pay the Utility Providers in respect of each Utility for which payment is made by reference to volume used or discharged, in accordance with the terms of such agreements. Any charges payable by LUL in respect of Utilities supplied to any Office Accommodation Properties shall be included in the facilities charge payable by Infraco under the applicable Office Accommodation Lease. |
| 1.1A Where any failure, interruption or change to the characteristics in the supply of power at or to the JNP Network is caused or contributed to by any breach of the Power Service Contract by the Power Service Contractor, to the extent such failure, interruption or change arose from such breach and did not arise from breach of the Infraco Obligations the consequences of such failure, interruption or change shall be treated as if they had arisen as a result of an LUL Breach and the provisions of clause 16.7 shall apply accordingly. |
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1.2 Infraco shall read all meters relating to the supply of Utilities to its Infraco Network at such times and intervals as is appropriate to: (ii) enable LUL to monitor consumption of Utilities at locations where there is a Metered Utility. |
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Reduced Use of Utilities |
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2.1 In locations where there is a Metered Utility as soon as practicable following the end of each Contract Year: (ii) if the Metered Utility Volume in the Last Year was less than the Average Metered Utility Volume LUL shall calculate the cost saving resulting from the reduction ( excluding any VAT paid by LUL other than Irrecoverable VAT ) by reference to the pricing structures agreed with the relevant Utility Provider applicable during the Last Year; ( iii ) the calculation of the Metered Annual Reduction for the first Contract Year after the date of the Contract shall be by reference to the previous three years' volumes where these can be ascertained; (iv) if the previous three years' volumes could not be metered for any reason then the provisions of paragraph 2.1 will not apply until the data for the previous three years' volumes is available and the Utility supplied and metered will be treated as part of the Annual Volume and cost savings will be dealt with in accordance with paragraph 2.2. |
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2.2 Where a Utility is not a Metered Utility or paragraph 2.1(iv) applies, the following cost savings provisions will apply: As soon as practicable following the end of each Contract Year: (ii) if the Annual Volume of any Utility in the Last Year was less than the Average Annual Volume LUL shall calculate the cost saving resulting from the reduction ( excluding any VAT paid by LUL other than Irrecoverable VAT ), by reference to the pricing structures agreed with the relevant Utility Provider applicable during the Last Year; and ( iii ) the calculation of the Annual Reduction for the first Contract Year after the date of this Contract shall be by reference to the three previous years' volumes which are evidenced by invoices received during that period, irrespective of the period in which the Utilities were used. |
| 2.3 LUL shall pay to Infraco the Infraco Share of the Aggregate Annual Reduction and one half of the Metered Annual Reduction. |
| 2.4 So far as reasonably practicable Infraco shall minimise its consumption of Utilities and use Utilities as efficiently as possible in all the circumstances. |
| 2.5 An appropriate officer of LUL will certify that the Infraco share of the Aggregate Annual Reduction and one half of the Metered Annual Reduction has been calculated correctly in accordance with the provisions of this paragraph 2. |
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Excessive use of utilities |
| 3 At Depot Premises and premises demised by any Office Accommodation Lease ( unless otherwise provided in the applicable Office Accommodation Lease ) and any other locations where there is a Metered Utility which is primarily used by Infraco where the Metered Utility Volume in the Last Year exceeds the Average Metered Utility Volume, Infraco shall pay to LUL any actual costs paid by LUL to Utility Suppliers ( excluding any VAT paid by LUL, other than any Irrecoverable VAT ) in respect of such excess. |
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Compliance with Utility Providers conditions |
| 4.1 Infraco shall comply with all present and future regulations and requirements of the Utility Providers of which LUL has given Infraco details in writing in so far as they relate to the Utilities Equipment for which they are responsible. |
| 4.2 LUL shall comply with all present and future regulations and requirements of the Utility Providers in so far as these regulations and requirements are not the responsibility of Infraco pursuant to paragraph 4.1. |
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Arrangements with private owners/occupiers |
| 5 If LUL or a Utilities Provider can recover the cost of repair or maintenance of any of the Utilities Equipment from a third party, the relevant Infraco will use its reasonable endeavours to assist LUL in recovering any such costs. |
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Diversions and Relocation of Utilities Equipment |
| 6.1 This paragraph 6 applies where fulfilment by Infraco of an obligation under a Transaction Document necessitates a diversion or relocation of any Relevant Utilities Equipment or any other utilities equipment ( whether or not serving the Underground Network ). |
| 6.2 In such instances, as part of the fulfilment of the relevant obligation, Infraco shall be responsible for arranging with the appropriate Utility Provider, statutory undertaker or other relevant third party and for procuring any such temporary or permanent diversion or relocation as may be required. |
| 6.3 The costs of the diversion or relocation shall be borne by Infraco. |
