1  REVIEW

1.1  The provisions of this Schedule Part 8 (Review Procedure) shall apply whenever any item, document or course of action is required to be reviewed, approved or otherwise processed in accordance with Schedule Part 8 (Review Procedure).

1.2  Subject to any express provision of this Agreement, the manner, form and timing of any submission to be made by Sub-hubco to the Authority's Representative for review under this Schedule Part 8 (Review Procedure) shall be a matter for Sub-hubco to determine. Each submission under this Schedule Part 8 (Review Procedure) shall be accompanied by a copy of the proposed document to be reviewed (including, where applicable, any Reviewable Design Data) or a statement of the proposed course of action (the entire contents of a submission being referred to in this Schedule Part 8 (Review Procedure) as a "Submitted Item"). In relation to each Submitted Item, the following procedure shall apply:

1.2.1  as soon as possible and, if the Submitted Item comprises:

(a)  an item of Reviewable Design Data;

(b)  a revised Programme submitted pursuant to Clause 14 (Programme and Dates for Completion); or

(c)  a document or proposed course of action submitted in the case of (an emergency),

within [     ] Business Days of the date of receipt of a submission (or re-submission, as the case may be) of the Submitted Item to the Authority's Representative (or such other period as the parties may agree), the Authority's Representative shall return one copy of the relevant Submitted Item to Sub-hubco endorsed "no comment" or (subject to and in accordance with paragraph 3 (Grounds for Objection)) "comments" as appropriate; and

1.2.2  subject to paragraph 1.4, if the Authority's Representative fails to return a copy of any Submitted Item (including any re submitted Submitted Item) duly endorsed in accordance with paragraph 1.2.1, within [         ] Business Days (or within such other period as the parties may agree in writing) of the date of its submission to the Authority's Representative, then the Authority's Representative shall be deemed to have returned the Submitted Item to Sub-hubco endorsed "no comment" (and, in the case of Reviewable Design Data, endorsed "Level A - no comment"); and

1.2.3  in relation to the aspects of each Finish identified in the table below:

(a)  Sub-hubco shall submit to the Authority a range or selection of finishes ("Range of Finishes") no later than the relevant Finishes Proposal Date;

(b)  the Authority's Representative shall by the relevant Finishes Selection Date notify Sub-hubco of its selection for the relevant Finish; and

(c)  if no selection of a Finish has been made by the Authority's Representative and notified to Sub-hubco in accordance with paragraph 1.2.3(b) by the relevant Finish Selection Date, Sub-hubco shall be entitled to make a selection from the Range of Finishes submitted in accordance with paragraph 1.2.3(a). After the relevant Finish Selection Date, should the Authority wish to vary any selection previously made by Sub-hubco or by the Authority, such variation shall be effected as a Change in accordance with Schedule Part 16 (Change Protocol).

Table of Finishes

1.3  If the Authority's Representative raises comments on any Submitted Item in accordance with paragraph 3 (Grounds for Objection) he shall state the ground upon which such comments are based and the evidence or other information necessary to substantiate that ground.  To the extent that the Authority's Representative comments on a Submitted Item other than on the basis set out in this Schedule Part 8 (Review Procedure), or fails to comply with the provisions of this paragraph, Sub-hubco may, in its discretion, either:

1.3.1  request written clarification of the basis for such comments and, if clarification is not received within [         ] Business Days of such request by Sub-hubco, refer the matter for determination in accordance with Schedule Part 20 (Dispute Resolution Procedure); or

1.3.2  in the case of a Submitted Item comprising Reviewable Design Data only, at its own risk, and without prejudice to Clause 12 (The Design, Construction and Commissioning Process), proceed with further design or construction disregarding such comments pending the outcome of any reference to the Dispute Resolution Procedure that may be made by either party.

1.4  In the case of any Submitted Item of the type referred to in paragraph 3.10, a failure by the Authority's Representative to endorse and return such Submitted Item within the period specified in paragraph 1.2.2 shall be deemed to constitute an objection by the Authority's Representative to such Submitted Item. If the parties fail to agree the form and content of such Submitted Item, within [     ] Business Days following the expiry of the period specified in paragraph 1.2.2, the matter shall be determined in accordance with Schedule Part 20 (Dispute Resolution Procedure).