1.  Review

1.1  The provisions of this Part 10 of the Schedule shall apply whenever any item, document or course of action is required to be reviewed, approved or otherwise processed in accordance with Part 10 of the Schedule (Review Procedure).

1.2  Subject to any express provision of this Agreement, the manner, form and timing of any submission to be made by Project Co to the Board's Representative for review under the Review Procedure shall be a matter for Project Co to determine. Each submission under the 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 Part 10 of the Schedule as a "Submitted Item"). In relation to each Submitted Item, the following procedure shall apply:

(a)  as soon as possible and, if the Submitted Item comprises:

(i)  an item of Reviewable Design Data;

(ii)  a revised Programme submitted pursuant to Clause 19 (Programme and Dates for Completion); or

(iii)  a document or proposed course of action submitted in the case of (an emergency)32,

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 Board's Representative (or such other period as the parties may agree), the Board's Representative shall return one copy of the relevant Submitted Item to Project Co endorsed "no comment" or (subject to and in accordance with paragraph 3 (Grounds for Objection)) "comments" as appropriate; and

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

(c)  in relation to finishes:

(i)  Project Co shall within [          ] Business Days of the date of this Agreement propose to the Board's Representative a range or selection of aspects of finishes ("Range of Finishes") listed in Table A below in accordance with the Board's Construction Requirements and Project Co's Proposals that are available as at the date of this Agreement for selection by the Board in accordance with paragraph 3(d) of Part 10 of the Schedule (Review Procedure) and within the relevant selection period listed in Table A below ("Selection Period");

(ii)  the Board's Representative shall within ∙ Business Days from receipt of the Range of Finishes listed in Table A below notify Project Co of its selection within the Selection Period for each of the Finishes; and

Table A33

(iii)  if no selection of a Finish has been made by the Board's Representative and notified to Project Co in accordance with paragraph 1.2 (c) (ii) by the end of the relevant Selection Period, Project Co shall be entitled to make a selection of the particular Finish. After the end of the relevant Selection Period, should the Board wish to vary any selection previously made by Project Co or by the Board, such variation shall be effected as a Variation in accordance with Part 22 of the Schedule (Variation Procedure).

1.3  If the Board'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 Board's Representative comments on a Submitted Item other than on the basis set out in this Part 10 of the Schedule, or fails to comply with the provisions of this paragraph, Project Co may, in its discretion, either:

(a)  request written clarification of the basis for such comments and, if clarification is not received within [          ] Business Days of such request by Project Co, refer the matter for determination in accordance with Part 26 of the Schedule (Dispute Resolution Procedure); or

(b)  at its own risk, and without prejudice to Clause 17 (The Design, Construction and Commissioning Process), proceed with further design or construction disregarding such comments.

1.4  In the case of any Submitted Item of the type referred to in paragraph 3(h)(vi) (Handback Works)34, a failure by the Board's Representative to endorse and return such Submitted Item within the period specified in paragraph 1.2(b) shall be deemed to constitute an objection by the Board'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(b), the matter shall be determined in accordance with Part 26 of the Schedule (Dispute Resolution Procedure).

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32  Boards to include any other items which are relevant on a project specific basis.

33  Project specific. This table is intended to be for guidance only.

34  Boards to refer to any other items which are relevant on a project specific basis.