Authority's Undertaking

5.3  The Authority undertakes to Project Co that it shall:

5.3.1  subject to the provisions of this Agreement, comply with all Laws, [NHS Requirements] and Consents applicable to it which relate to the Project Operations;

5.3.2  not wilfully impede Project Co in the performance of its obligations under this Agreement (having regard always to the interactive nature of the activities of the Authority and of Project Co and to the Authority's use of the Facilities to provide the relevant Authority Services and any other operations or activities carried out by the Authority on or at the Site for the purposes contemplated by this Agreement and any other of the Authority's statutory functions); 

5.3.3  inform Project Co as soon as reasonably practicable if at any time it becomes unable to meet any of its financial obligations and in such case inform, and keep Project Co informed, of any course of action to remedy the situation recommended or required by the Scottish Government, the Authority or other competent authority;  and

5.3.4  to the extent permitted by Law, supply to Project Co within sixty (60) Business Days of their publication, a copy of the Authority's Annual Report and Accounts, 

provided that, to avoid doubt, nothing in this Clause 5.3 (Authority's Undertaking) shall in any way fetter the discretion of the Authority in fulfilling its statutory functions.