4.1 Project Co shall perform its obligations under, and observe all of the provisions of, the Project Documents to which it is a party and shall not:
(a) terminate or agree to the termination of all or part of any Ancillary Document;4
(b) make or agree to any material variation of any Ancillary Document;
(c) in any material respect depart from its obligations (or waive or allow to lapse any rights it may have in a material respect), or procure that others in any material respect depart from their obligations (or waive or allow to lapse any rights they may have in a material respect), under any Ancillary Document; or
(d) enter into (or permit the entry into by any other person of) any agreement replacing all or part of (or otherwise materially and adversely affecting the interpretation of) any Ancillary Document,
unless the proposed course of action (and any relevant documentation) has been submitted to the Board's Representative for review under Part 10 of the Schedule (Review Procedure) and there has been no objection in accordance with paragraph 3(b) of Part 10 of the Schedule (Review Procedure) within twenty (20) Business Days of receipt by the Board's Representative of the submission of the proposed course of action (and any relevant documentation), or such shorter period as may be agreed by the parties and, in the circumstances specified in Clause 4.1(a), Project Co has complied with Clause 50 (Assignation, Sub-contracting and Changes in Control).
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4 The Independent Tester Contract is dealt with in Clause 20 and Part 15 of the Schedule. This envisages that the independent tester will have obligations jointly to the Board and Project Co. If, in exceptional cases, these obligations are owed to Project Co alone, this Clause should be extended to cover the Independent Tester Contract.