1.  SUBMITTED ITEMS

1.1.  The provisions of this Schedule shall apply whenever any item, document or course of action is required to be reviewed, approved or otherwise processed in accordance with Schedule 9 (Review Procedure).

1.2.  Subject to any express provision of this Contract, the manner, form and timing of any submission to be made by the Contractor to the Authority for review under the Review Procedure shall be a matter for the Contractor to determine.  Each submission under the Review Procedure shall be accompanied by a copy of the proposed document or course of action to be reviewed (including, where applicable, any Reviewable Design Data) or a statement of the proposed course of action (the entire contents of a submission being referred to in the Schedule as a "Submitted Item").  In relation to each Submitted Item, the following procedure shall apply:

1.2.1.  as soon as reasonably practicable and, if the Submitted Item comprises an item of Reviewable Design Data within fifteen (15) Business Days of the date of receipt of a submission (or re-submission, as the case may be) of the Submitted Item to the Authority's Representative (or such other period as the Parties may agree), the Authority's Representative shall return one copy of the relevant Submitted Item to the Contractor endorsed "no comment" or (subject to and in accordance with paragraph 3) (Grounds of Objection) "comments" as appropriate; and

1.2.2.  subject to paragraph 1.3 below, if the Authority's Representative fails to return a copy of any Submitted Item (including any re-submitted Submitted Item) duly endorsed in accordance with paragraph 1.3.1, within fifteen (15) Business Days (or within such other period as the Parties may agree in writing) of the date of its submission to the Authority's Representative, then the Authority's Representative shall be deemed to have returned the Submitted Item to the Contractor endorsed "no comment" (and, in the case of Reviewable Design Data, endorsed "Level A - no comment"); and

1.3.  If the Authority's Representative raises comments on any Submitted Item in accordance with paragraph 3 (Grounds of Objection) he shall state the ground upon which such comments are based and the evidence or other information necessary to substantiate that ground.  To the extent that the Authority's Representative comments on a Submitted Item other than on the basis set out in this Schedule, or fails to comply with the provisions of this paragraph, the Contractor may, in its discretion, either:

1.3.1.  request written clarification of the basis for such comments and, if clarification is not received within ten (10) Business Days of such request by the Contractor, refer the matter for determination in accordance with Schedule 22 (Dispute Resolution Procedure); or

1.3.2.  at its own risk, and without prejudice to Clause 15 (Design Development), proceed with further design or construction disregarding such comments.

1.4.  Should the Contractor submit any item of Reviewable Design Data later than was previously agreed with the Authority then the provisions of paragraph 1.3.2 shall not apply to such item of Reviewable Design Data.  In such circumstances the Authority shall return the relevant item of Reviewable Design Data as soon as it is reasonably able to do so.