PPP Contracts

SCHEDULE 5.14 - Claims Procedure for Increased Infraco Costs

Duty to Notify

1. Infraco shall notify LUL in writing as soon as practicable after it becomes aware of any circumstances which might give rise to a claim for Increased Infraco Costs. Without limitation to its obligation to mitigate, Infraco will co-operate with LUL to attempt to avoid or minimise any Increased Infraco Costs.

Claims

2. If Infraco wishes to make a claim for Increased Infraco Costs: (a) it shall notify LUL in writing no later than thirty (30) days after Infraco becomes aware of or ought reasonably to have been aware of the event giving rise to Infraco's claim that it has incurred or is likely to incur Increased Infraco Costs, giving brief details of the matters giving rise to the claim;

(b) Infraco shall keep contemporary records of all Increased Infraco Costs from time to time and as may reasonably be necessary to support any claim for Increased Infraco Costs it may subsequently wish to make;

(c) without any admission as to liability LUL may, on receipt of a notice regarding a claim ( or potential claim ) for Increased Infraco Costs, inspect such contemporary records and may instruct Infraco to keep any further contemporary records as are reasonable and may be material to the claim of which notice has been given; and

(d) Infraco shall permit LUL to inspect all records kept pursuant to this Schedule and shall supply LUL copies of such records on request.

3. After notifying LUL that it wishes ( or may wish ) to make a claim for Increased Costs, Infraco shall: (a) as soon as is reasonable in all the circumstances send to LUL a first interim account giving full and detailed particulars of the amount claimed to that date and the grounds on which the claim is based;

(b) thereafter, at such intervals as LUL may reasonably require, send to LUL further up to date accounts giving the accumulated total of the claim and any further grounds on which it is based; and

(c) supply LUL with such further information regarding the claim as LUL reasonably requires from time to time.

3A. An account shall be deemed to be Infraco's final account either if it is stated to be the final account or if no further account is received by LUL within fifty-six (56) days after that account ( and in the latter case the date of the final account for the purposes of this Schedule 5.14 shall be deemed to be the 28th day after actual receipt ).

Disputes

4. If LUL and Infraco are unable to agree whether Increased Infraco Costs have been incurred or the amount thereof within a period of twenty-eight (28) days after the date of the final account, the matter shall be resolved in accordance with the Dispute Resolution Agreement.

Waiver

5. Notwithstanding clause 56.1 of the Contract ( Waiver ), if Infraco does not comply with the terms of this Schedule 5.14 then it shall be deemed to have waived its claim for Increased Infraco Costs.

Restrictions on Payment

6. No Increased Infraco Costs shall be payable except to the extent that either the parties have agreed the quantum of such Increased Infraco Costs or it has been determined in accordance with the provisions of the Dispute Resolution Agreement.

PPP Contracts

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