10  REVIEW PROCEDURE

10.1  Reviews Generally

Any Party to this Agreement shall be entitled to call for a review of this Agreement to consider:

10.1.1  amendments;

10.1.2  variations;

10.1.3  additions;

10.1.4  termination in whole or in part and for one Party or all of them; or

10.1.5  improvements to service.

10.2  A Review shall be called by a Party on notice in writing (a "Review Notice") sent to the delivery addresses for notices (contained in Schedule 9) to the other Parties setting out in detail and (if necessary providing evidence) of:

10.2.1  the nature of the Review;

10.2.2  the reasons for it;

10.2.3  the proposed action and/or solution;

10.2.4  the Party or Parties potentially affected; or

10.2.5  how the proposed solution could or should be implemented.

10.3  The Parties shall meet to discuss and carry out the Review and to agree actions (or to agree an action plan leading to a decision and subsequent action (if any) to implement the decision) within two months of the Review Notice having been served. Following such a Review meeting the Parties shall implement the actions (or action plan as the case may be) in accordance with the agreed timetable.

10.4  All Parties shall be issued with any Review Notice and shall be entitled to participate in any Review unless the relevant WCA and the WDA acting reasonably determine that the Review applies only to them and:

(a)  will not affect any other Party;

(b)  is not relevant to any other Party; and

(c)  the issues in question do not similarly apply to any other Party.

10.5  A Party shall be entitled to refuse its agreement to a change proposed by a WCA if the change would:

10.5.1  have a materially detrimental effect on the Party's rights, obligations or liabilities in respect of any contracts which it has entered into (including the  Project Agreement) (and cannot reasonably be implemented so as to have no such effect);

10.5.2  put the Party to additional expense;

10.5.3  put the Party in breach of Legislation;

10.5.4  be contrary to or inconsistent with a Direction made by the WDA under the EPA Act powers provided that in this case the WDA, acting reasonably, considers as part of the Review whether such Direction could or should be remade, augmented or amended; and/or

10.5.5  have a materially detrimental effect on another Party.