35.8 Subject to Clause 35.9, if, following a Change in Law, Sub-hubco becomes unable to recover VAT attributable to supplies to be made to the Authority by Sub-hubco pursuant to this Agreement, the Authority shall ensure that Sub-hubco is left in no better and no worse position than it would have been had such Change in Law not occurred (including but not limited to making such amendments to this Agreement as Sub-hubco and the Authority shall agree acting reasonably), provided that Sub-hubco shall use all reasonable endeavours to mitigate the adverse effects of any such Change in Law.
35.9 The provisions of Clause 35.8 shall apply only if (and to the extent that) the Change in Law was not reasonably foreseeable at the date of this Agreement by an experienced contractor performing operations similar to the relevant Works on the basis of draft bills published in Government green or white papers or other Government departmental consultation papers, bills, draft statutory instruments or draft instruments or proposals published in the Official Journal of the European Union, in each case published:
35.9.1 prior to the date of this Agreement; and
35.9.2 in substantially the same form as the Change in Law.