RTMC Model Conditions of Contract - Highways Agency

RTMC Model Conditions of Contract - Highways Agency RTMC Model Conditions of Contract - Highways Agency

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Regional Technology Maintenance ContractConditions of ContractZ1.2 Clause 11.2 is further amended by the addition of the following definedterms(20) Annual Discount Rate is the 2.5% discount to the Prices tobe implemented by the Contractor in each of the second,third, fourth and fifth years of the contract.(21) Not Used(22) Asset Support Contract is the Employer’s Contract with theASC Contractor for the maintenance and management ofassets within the Area Network including the provision ofthe Service Manager role under this contract.(23) ASC Contractor is the contractor under the Asset SupportContract(24) Appointed Actuary is the actuary appointed to theContractor’s Pension Plan from time to time in accordancewith Section 47 of the Pensions Act 1995 and theregulations made under it.(24a)The Area Network is the part of the motorway and trunkroad network and the associated buildings, infrastructureand amenities for which the Employer is responsible whichare within the area boundaries identified in the NetworkInformation, unless later changed in accordance with thiscontract and includes all/some of the Regional TechnologyNetwork.(25) Associated Company is• a Consortium Member or• any company, corporation, partnership, joint venture orother entity which directly or indirectly controls, iscontrolled by or is under common control with theContractor or a Consortium Member.The word “control” in this context means the ability orentitlement to exercise, directly or indirectly, at least 50 percent of the voting rights attributable to the shares or otherinterest in the controlled company, corporation, partnership,joint venture or other entity and the words “control” and“controlled” are construed.RTMC CoC, Issue 1, Rev 0 July 2011

Regional Technology Maintenance ContractConditions of Contract(25a)The Business Information Gateway or its successor (theGateway) is the interface through which the Contractor isrequired to access the Highways Agency Business ITNetwork (HABIT) and the Employer Information Systemsheld within HABIT,(26) CDM Regulations are the Construction (Design andManagement) Regulations 2007(27) Code of Practice is any code of practice issued undersection 45 of the Freedom of Information Act 2000 orpursuant to powers contained in the EnvironmentalInformation Regulations 2004.(28) Consortium Member is an organisation which is a memberof the consortium comprising the Contractor, whether as aparticipant in a non-integrated joint venture or a shareholderin a limited company.(29) Consumables mean the items referred to in section 5.1.8 ofthe Service Information.(30) Contractor’s Alternative Pension Plan is the pensionscheme established or nominated by the Contractor for thepurposes of clause Z21.7 and which satisfies the conditionsset out in clause Z21.8.(31)Contractor’s Premises are premises provided by theContractor and/or Associated Companies (but not by otherSubcontractors) and which are used for Providing theService, but excluding• temporary accommodation and• premises providing head office functions supportingthe provision of the service.(32) Contractor’s Pension Plan is the pension schemeestablished or nominated by the Contractor for thepurposes of clause 34.1 and which satisfies the conditionsset out in clause 34.2.(33) Not Used(34) Current System is a system that is authorised for use by theEmployer at the Contract DateRTMC CoC, Issue 1, Rev 0 July 2011

Regional Technology Maintenance <strong>Contract</strong><strong>Conditions</strong> <strong>of</strong> <strong>Contract</strong>Z1.2 Clause 11.2 is further amended by the addition <strong>of</strong> the following definedterms(20) Annual Discount Rate is the 2.5% discount to the Prices tobe implemented by the <strong>Contract</strong>or in each <strong>of</strong> the second,third, fourth and fifth years <strong>of</strong> the contract.(21) Not Used(22) Asset Support <strong>Contract</strong> is the Employer’s <strong>Contract</strong> with theASC <strong>Contract</strong>or for the maintenance and management <strong>of</strong>assets within the Area Network including the provision <strong>of</strong>the Service Manager role under this contract.(23) ASC <strong>Contract</strong>or is the contractor under the Asset Support<strong>Contract</strong>(24) Appointed Actuary is the actuary appointed to the<strong>Contract</strong>or’s Pension Plan from time to time in accordancewith Section 47 <strong>of</strong> the Pensions Act 1995 and theregulations made under it.(24a)The Area Network is the part <strong>of</strong> the motorway and trunkroad network and the associated buildings, infrastructureand amenities for which the Employer is responsible whichare within the area boundaries identified in the NetworkInformation, unless later changed in accordance with thiscontract and includes all/some <strong>of</strong> the Regional TechnologyNetwork.(25) Associated Company is• a Consortium Member or• any company, corporation, partnership, joint venture orother entity which directly or indirectly controls, iscontrolled by or is under common control with the<strong>Contract</strong>or or a Consortium Member.The word “control” in this context means the ability orentitlement to exercise, directly or indirectly, at least 50 percent <strong>of</strong> the voting rights attributable to the shares or otherinterest in the controlled company, corporation, partnership,joint venture or other entity and the words “control” and“controlled” are construed.<strong>RTMC</strong> CoC, Issue 1, Rev 0 July 2011

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