5.3 The Board undertakes to Project Co that it shall:
(a) subject to the provisions of this Agreement, comply with all Laws, NHS Requirements and Consents applicable to it which relate to the Project Operations;
(b) 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 Board and of Project Co and to the Board's use of the Facilities to provide the Clinical Services and any other operations or activities carried out by the Board on or at the Site for the purposes contemplated by this Agreement or any other of the Board's statutory functions);
(c) 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 Board or other competent authority; and
(d) to the extent permitted by Law, supply to Project Co within sixty (60) Business Days of their publication, a copy of the Board's Annual Report and Accounts
provided that, to avoid doubt nothing in this Clause 5.3 shall in any way fetter the discretion of the Board in fulfilling its statutory functions.