PPP Contracts
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SCHEDULE 5.2 - Planning |
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Objective |
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1.1 The objective of the provisions in this Schedule is to establish the basis on which LUL and Infraco will exchange information regarding their activities, and those of PFI Contractors and other third parties so as: (b) to maximise the confidence of both parties that Infraco's plans are feasible, and will meet Infraco's obligations under the Contract; and (c) to enable LUL to prepare for assistance which it may be required to provide to Infraco under clause 13 ( Contract Management and LUL Assistance ) of the Contract. |
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Management Plan |
| 2.1 Infraco shall prepare, submit and maintain as appropriate a management plan ( the Management Plan ) in accordance with the procedures developed pursuant to the provisions of Schedule 5.1 ( Contract Management ) to the Contract and shall submit its first Management Plan within six (6) months of the Transfer Date unless the parties otherwise agree. |
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2.2 The Management Plan shall be prefaced with a statement of Infraco's strategic objectives, and its proposed mechanisms to achieve the following: (b) to enable LUL to understand Infraco's strategic objectives when LUL is planning its future requirements; and (c) to enable Infraco to take into account LUL's strategic constraints and priorities which LUL may notify to Infraco from time to time such that Infraco can be proactive in developing solutions addressing these priorities. |
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2.3 The Management Plan shall set out: (b) the manner in which it intends to take account in preparing these plans the plans and programmes of LUL, other Infracos, PFI Contractors and other third parties; (c) the feedback Infraco expects to receive from LUL at different stages in relation to these plans, and the manner in which Infraco intends to take this into account; (d) the key planning meetings between Infraco and LUL which Infraco anticipates being necessary; (e) the manner in which Infraco intends to provide and would wish to receive from LUL information relating to planning on a strategic level to inform its Asset Management Strategy; (f) the manner in which Infraco intends to seek any assistance which it may require LUL pursuant to clause 12 ( Asset Management Services ) of the Contract; (g) the manner in which Infraco intends to seek any opinion which it may require from LUL under clause 13 ( Contract Management and LUL Assistance ) of the Contract; (h) the manner in which Infraco intends to provide the Management and Performance Information described in paragraph 3.1 of this Schedule 5.2; and (i) the manner in which Infraco intends to provide the information required to keep current the Master Projects Database described in paragraph 4.1 of this Schedule 5.2. |
| 2.4 Within twenty-eight (28) days of its receipt LUL may provide Infraco with a written response to each Management Plan setting out LUL's position in relation to it. |
| 2.5 Where LUL notifies Infraco in accordance with paragraph 2.4, the parties shall discuss in good faith the Management Plan so as to address LUL's response. These discussions shall have as their purpose, promoting the achievement of the optimum work programme throughout the Underground Network and shall include, where appropriate, making revisions to the Management Plan. |
| 2.6 Infraco shall notify LUL in circumstances where Infraco proposes to deviate from the proposals set out in the Management Plan or make any material changes thereto and shall consult with LUL in relation to the consequences for the parties of such deviation or change taking account of LUL's feedback in such process. |
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LUL Resources |
| 2.7 At any time when LUL believes that it may be unable to provide the resources sought by Infraco pursuant to clause 12 ( Asset Management Services ) of the Contract to implement its plans or programmes ( including those referred to in Schedule 3 to the Contract ) or any aspect of them it shall promptly notify Infraco of such possibility. |
| 2.8 Without prejudice to Infraco's entitlement to notify LUL of a Delay Event, Infraco shall consider with LUL the possibilities for amending its plans or programmes ( including those referred to in Schedule 3 to the Contract ) to enable LUL to provide the resources sought by Infraco pursuant to clause 12 ( Asset Management Services ) of the Contract. |
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Management and Performance Information |
| 3.1 Infraco shall maintain and update, and where necessary provide, all Management and Performance Information reporting systems in accordance with LUL's performance monitoring procedures and make available, in agreed formats, Management and Performance Information for regularly agreed reporting intervals, not later than ten (10) working days after the end of the agreed reporting interval. |
| 3.2 Infraco shall consider the impact of any change or improvement to existing assets or systems on Infraco's ability to provide Management and Performance Information in accordance with LUL's performance monitoring procedures and inform LUL of the consequences, with respect to the provision of information, prior to undertaking any change or improvement. |
| 3.3 Infraco shall make all reasonable provisions to ensure that LUL benefits from any changes that may enhance existing assets or systems that gather or generate Management and Performance Information. |
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Programme Information |
| 4.1 LUL shall develop, maintain, update and provide access to a database ( the Master Projects Database ) for the purpose of facilitating the co-ordination of works, projects and programmes between LUL, Infracos, PFI Contractors and other third parties carrying out work on the Underground Network. |
| 4.2 Infraco shall maintain and update a database recording details of its proposed works, projects and programmes in a form and at a level of detail consistent with the requirements of the Master Projects Database and shall make available to LUL such information in agreed formats, for regular agreed reporting intervals for the purpose of updating the Master Projects Database. |
| 4.3 LUL shall use reasonable endeavours to obtain similar information in relation to the works, projects and programmes to be undertaken by LUL, PFI Contractors, and other third parties carrying out work on the Underground Network and to include it in the Master Projects Database. |
| 4.4 LUL shall use reasonable endeavours to keep current the information in the Master Projects Database, but LUL shall not have any liability to Infraco in respect of any inaccuracy, error, mis-statement contained in, or any omission from the Master Projects Database. |
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