CCN 187 Indexation
CCN 187 Indexation
The heart of the issue before me is the proper construction of the provisions of CCN 187 relevant to indexation.
Paragraph 3) provided:
“Payment Profile: from 1 January 2020 to the National Shut Down Target Date, Core Service Charges (other than for Menu Service Charges) shall be discounted by 5%. The payment profile of the Framework Agreement shall be amended such that the monthly payments (in aggregate) for Core Service Charges set out in Schedule 8 (Charging Structure) (other than for Menu Service Charges) will be as set out in the table appended to Appendix 1 of this CCN. For the avoidance of doubt these Core Service Charges are inclusive of the new and existing discounts and exclude Menu Service Charges.”
Paragraph 4):
Indexation: “Monthly Invoice amounts in the table in Appendix 1 to this CCN are shown at Financial Year 2018/2019 prices and, as such, shall not be indexed for the Financial Year 2018/2019. Indexation will apply to the invoices amounts in the table in Appendix 1 in line with the Indexation/Variation of Price (VOP) as set out in Parts D and I of Schedule 8 (Charging Structure).”
Appendix 1 then set out monthly payments for each month from January 2020 to December 2022. A note below each table stated:
“Charges exclude Indexation/Variation of Price which will be applied at existing contractual rates.”
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