5.  Consent and Variations

5.1  If it shall be necessary to obtain or amend any Consent175 in respect of any Variation then Project Co shall use all reasonable endeavours to obtain and, where the co-operation and involvement of both parties is required, the Board shall use all reasonable endeavours to assist and co-operate in obtaining, such Consent.  The provisions of Clause 16 (Consents and Planning Approval) shall apply in relation to Planning Permissions, save that the time taken to obtain such Consent shall be taken into account for the purposes of determining any extension of time and any other amounts payable by the Board to Project Co under this Part 22 of the Schedule.

5.2  If it shall not be possible to obtain any such Consent as is referred to in paragraph 5.1 above by the latest date when a Variation Confirmation could be given with regard to the Variation in question in accordance with the notice by Project Co pursuant to paragraph 3.2(b) of this Section 1 of Part 22 of the Schedule, the Variation Enquiry shall be deemed to be withdrawn and the provisions of paragraph 7 of this Section 1 of Part 22 of the Schedule shall apply accordingly.




___________________________________________________________________________

175  Care must be taken to consider the range of Services, and whether there will be Consents which, in principle, ought to be obtained by the Board, such as Consents required for certain medical procedures, or categories of research.