13  THE PROJECT AGREEMENT

13.1  As soon as reasonably practicable after it is entered into, the WDA shall provide each WCA with a copy of the Project Agreement (subject to commercially sensitive information being omitted to the extent required by the terms of the Project Agreement, (unless and to the extent that the WCA provides a confidentiality undertaking in a form reasonably required by the PFI Contractor).3

13.2  The WDA shall notify the Joint Project Working Group of any variations or amendments to the Project Agreement agreed between the WDA and the PFI Contractor from time to time.

[Editorial Note: WCAs will have to determine the extent of liability which they are prepared to accept where their actions cause the WDA to be in breach of the Project Agreement. Accordingly, Clauses 13.3, 13.4 and 13.5 are included as options, and each WCA will need to determine which, if any, model clause it is prepared to accept.]

13.3  [Without prejudice to the express rights and remedies of the WCAs under this Agreement, the WCAs shall not take any action or omit to take any action which would put the WDA in breach of the Project Agreement.]

13.4  [Each WCA shall perform any obligation arising under this Agreement in a timely manner so as to enable or facilitate the WDA in carrying out its obligations under the Project Agreement.]

13.5  [In discharging its functions as a waste collection authority, each WCA shall have regard to the provisions of the Project Agreement and to the WDA's liabilities thereunder.]

13.6  As soon as is reasonably practicable after it is entered into, the Parties may agree to vary this Agreement to reflect any changes necessitated by the provisions of the Project Agreement.




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3  A reference should be added to the WCA in the confidentiality clause in the Project Agreement.