Authority design approval

12.5  The Authority confirms that, as at the date of this Agreement, it has reviewed such of Sub-hubco's Proposals as have been initialled by the Authority and that, subject to any qualifications and/or comments notified by the Authority to Sub-hubco in writing and set out in [                 ] such proposals satisfy the Authority's requirements in respect of Operational Functionality, so far as can reasonably be determined given the level of detail of Design Data which has been disclosed to the Authority.

12.6  Sub-hubco shall develop and finalise the design and specification of the Works and the Authority shall review the Reviewable Design Data in accordance with Schedule Part 8 (Review Procedure) and the provisions of this Clause 12.6:

12.6.1  Sub-hubco shall submit the Reviewable Design Data and the design of any Changes developed in accordance with the procedure set out in Schedule Part 16 (Change Protocol) to the Authority's Representative for review under Schedule Part 8 (Review Procedure).  Sub-hubco shall not commence or permit the commencement of construction of the part or parts of the Facilities to which such Reviewable Design Data relates until it has submitted the appropriate Reviewable Design Data and either it is confirmed by the Authority's Representative that Sub-hubco is entitled to proceed with construction in accordance with paragraph 3.3 of Schedule Part 8 (Review Procedure) or Sub-hubco is:

(a)  disputing the status of such Reviewable Design Data pursuant to paragraph 1.3.1 or paragraph 4.3 of Schedule Part 8 (Review Procedure); and

(b)  proceeding at risk pursuant to paragraph 1.3.2 of Schedule Part 8 (Review Procedure).

12.6.2  with effect from the date at which any item of Reviewable Design Data is or becomes an Approved RDD Item in accordance with Schedule Part 8 (Review Procedure), such Approved RDD Item shall for the purposes of this Agreement be deemed to have satisfied the requirements of the Authority in the manner and to the extent set out in, Table A in Appendix 1 of Schedule Part 8 (Review Procedure);

12.6.3  Sub-hubco shall allow the Authority's Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Authority's Representative as soon as practicable following receipt of any written request from the Authority's Representative; and

12.6.4  Sub-hubco shall procure that the Contractor establishes and maintains a computerised design database which Sub-hubco and the Authority's Representative may access remotely by computer to view drawings comprised within the Design Data (including Reviewable Design Data) and electronically store and/or print copies of such Design Data. In the event of the Authority's Representative being unable to access such design database, Sub-hubco shall procure that it is made available for inspection by the Authority's Representative, or any other person authorised by the Authority's Representative.