[2024] EWHC 1435 (TCC)

Service Level Requirements

PFIC shall provide the Flood Defence Services on and from the dates set out in the Development Programme and, without limitation, shall provide:

the Existing Service Levels from and including the Effective Date;

the Improved Service Levels by no later than the Required Completion Date; and

the Ultimate Service Levels by no later than the Secondary Completion Date.

all in accordance with the provisions of this Agreement and in particular Schedules 4 (Service Requirements) and 5 (PFIC’s Proposals).

Change

Without prejudice to Clause 29 and subject to the requirements of any procurement Laws, during the Contract Period the Agency may request PFIC to make a Change in accordance with Schedule 12 (Change Procedures) and any applicable Laws.

Subject to Clause 33 (Force Majeure) PFIC shall not be entitled to any relief from its obligations set out in Clause 15.1 or otherwise, expect in the circumstances specified in, and in accordance with, the provisions of Schedule 12.

Change Procedures

The parties shall each comply with the provisions of Schedule 12 (Change Procedures) in relation to any Change proposed or arising during the Contract Period.