5  DUTIES OF THE AUTHORITIES 

5.1  For the duration of this Agreement X Council as the Lead Authority shall act diligently and in good faith in all its dealings with Y Council and Z Council and shall use its reasonable endeavours to carry out the Key Procurement Functions in accordance with the EU Procurement Regime and any other applicable legislation.

5.2  X Council shall be responsible for the procurement and appointment of the legal advisors, planning advisors and insurance advisors to the Project, subject to the costs of such appointments being shared between the Authorities in accordance with Clause 11 (Commitment of the Authorities and Contributions). X Council shall lead on monitoring the performance of these advisors. X Council's Standing Orders and Financial Regulations shall be applicable.

5.3  Z Council (roles of Authorities to be agreed for each project) shall be responsible for the procurement and appointment of the technical advisors and financial advisors to the Project, subject to the costs of such appointments being shared between the Authorities in accordance with Clause 11 (Commitment of the Authorities and Contributions). Z Council shall lead on monitoring the performance of these advisors. Z Council's Standing Orders and Financial Regulations shall be applicable.

5.4  For the avoidance of doubt, the provisions of Clause 5.2 are subject further to such appointments being approved by the Project Board as required by Milestone 2 in Schedule 1 (Procurement Milestones) or, to the extent that the actual costs associated with any such appointments undertaken together with all the actual other costs associated with the Project are likely to exceed the approved annual budget of the Lead Authority held on behalf of the Authorities by 5% subject to approval as required pursuant to Milestone 42.

5.5  X Council shall at the reasonable request of Z Council and/or Y Council and at reasonable times during normal business hours permit the duly authorised representatives of Y Council and/or Z Council (as the case may be) to examine any documents relating to the Project and/or the PFI Project at the Project Office.

5.6  Y Council and Z Council shall each, during the currency of this Agreement, act diligently and in good faith in all their dealings with X Council and shall use its reasonable endeavours to assist X Council to discharge the Key Procurement Functions in accordance with the EU Procurement Regime and any other applicable legislation and shall be timely in responding to requests for information, and in their decision making processes.