RTMC Model Conditions of Contract - Highways Agency

Regional Technology Maintenance ContractConditions of ContractClause Z22 IncidentsZ22.1 Following an Incident, the Service Manager may instruct theContractor to stop Providing the Service (or part of them), removeEquipment and Materials from the Regional technology network ortake such other actions as are necessary to enable the Regionaltechnology network (or part of it) to be brought back into use by trafficas soon as possible and to minimise disruption to the free flow oftraffic on the Regional technology network.Z22.2 If the Service Manager instructs the Contractor to stop Providing theService (or part of them) following an Incident, the Employer mayhimself provide or procure from another contractor such services asare required to enable the Regional technology network and/orRegional Technology Network (or part of them) to be brought backinto use by traffic and to minimise disruption to the free flow of trafficon the Regional technology network and/or Regional TechnologyNetwork. The Employer bears the cost of such services, unless theIncident was due to an act or default of the Contractor or would nothave occurred if the Contractor had Provided the Service inaccordance with this contractClause Z23 Alterations to the Regional Technology NetworkClause Z24Z23.1 The Service Manager may at any time issue an instruction changingthe Regional Technology Network and, unless the Parties agreeotherwise, the instruction takes effect on the date stated or the datethree months after it is received, whichever is laterIllegal and impossible requirementsZ24.1 Delete clause 18.1 and replace with the followingClause Z2518.1 The Contractor notifies the Service Manager as soon as he considersthat the Service Information requires him to do anything which is illegalor impossible. If the Service Manager requests, the Contractor submitsproposals for overcoming the illegality or impossibility to the ServiceManager within the period for reply. The Employer decides how theillegality or impossibility is to be overcome and what (if any) changes arerequired to the Service Information and the Service Manager gives aninstruction to change the Service Information appropriately.Annual Price ReductionsZ25.1 On the each anniversary of the access date• the Price for each lump sum in the Price List is reduced by theAnnual Discount Rate and• where a quantity is stated for an item in the Price List, the rate isreduced by the Annual Discount Rate.Z25.2 The Contractor may proposed a reduction in the Price for each lumpsum in the Price List or where a quantity is stated for an item in thePrice List, in the rate at any time. If the Employer agrees with theRTMC CoC, Issue 1, Rev 0 July 2011