4.1 Any Submitted Item which is returned or deemed to have been returned by the Board's Representative endorsed "no comment" (and in the case of Reviewable Design Data, endorsed "Level A - no comment") shall be complied with or implemented (as the case may be) by Project Co.
4.2 In the case of any Submitted Item other than Reviewable Design Data, if the Board's Representative returns the Submitted Item to Project Co endorsed "comments", Project Co shall comply with such Submitted Item after amendment in accordance with the comments unless Project Co disputes that any such comment is on grounds permitted by this Agreement, in which case Project Co or the Board's Representative may refer the matter for determination in accordance with Part 26 of the Schedule (Dispute Resolution Procedure) and Project Co shall not act on the Submitted Item until such matter is so determined or otherwise agreed.
4.3 In the case of a Submitted Item comprising Reviewable Design Data, if the Board's Representative returns the Submitted Item endorsed other than "Level A - no comment", Project Co shall:
(a) where the Board's Representative has endorsed the Submitted Item "Level B - proceed subject to amendment as noted", either proceed to construct or proceed to the next level of design of the part of the Works to which the Submitted Item relates but take into account any amendments required by the Board's Representative in his comments;
(b) where the Board's Representative has endorsed the Submitted Item "Level C - subject to amendment as noted" not act upon the Submitted Item, amend the Submitted Item in accordance with the Board's Representative's comments and re-submit the same to the Board's Representative in accordance with paragraph 4.4; and
(c) where the Board's Representative has endorsed the Submitted Item "Level D - rejected" not act upon the Submitted Item, amend the Submitted Item and re-submit the Submitted Item to the Board's Representative in accordance with paragraph 4.4,
unless Project Co disputes that any such comment or proposed amendment is on grounds permitted by this Agreement, in which case Project Co or the Board's Representative may refer the matter for determination in accordance with Part 26 of the Schedule (Dispute Resolution Procedure) and Project Co shall not act on the Submitted Item until such matter is so determined or otherwise agreed.
4.4 Within ∙ Business Days of receiving the comments of the Board's Representative on any Submitted Item comprising Reviewable Design Data, Project Co shall (except in the case contemplated in paragraph 4.3(a) (Level B)) send a copy of the Submitted Item as amended to the Board's Representative pursuant to paragraph 4.3 and the provisions of paragraphs 1.2(a) (Response to Submitted Item), 4.1 and 4.3 shall apply (changed according to context) to such re-submission.
4.5 The return or deemed return of any Submitted Item endorsed "no comment" (or in the case of Reviewable Design Data endorsed "Level A - no comment" or otherwise endorsed in accordance with paragraph 4.3(a) (Level B) or (b) (Level C)) shall mean that the relevant Submitted Item may be used or implemented for the purposes for which it is intended but, save to the extent expressly stated in this Agreement including, without limitation, as specified in Appendix 1 Table A to this Part 10 of the Schedule, such return or deemed return of any Submitted Item shall not otherwise relieve Project Co of its obligations under this Agreement nor is it an acknowledgement by the Board that Project Co has complied with such obligations.