3.  CONSENTS FOR AUTHORITY CHANGES

3.1.  The Parties agree that where the implementation of any Authority Change involves a requirement for the Contractor to obtain new Consents or the modification of existing Consents, the following overriding principles shall apply to the development and implementation of the relevant Change:

(a)  the Parties shall from time to time (as may be necessary) agree the estimated costs (if any) or (as may be appropriate) the revised estimated costs likely to be incurred in obtaining the relevant new Consents or the modification of the existing Consents and in relation to such relevant Change;

(b)  the Authority shall be entitled to withdraw that Change at any time on the basis that the estimated costs (or revised estimated costs as may be appropriate) are too high subjects to payment of any costs already incurred in accordance with paragraph (d);

(c)  the Contractor shall not be obliged to proceed with that Change (including the preparation of any Contractor Stage 1 Response or Contractor Stage 2 Response) if at any time, there is no agreement on costs;

(d)  the relevant Change shall establish a longstop date for obtaining of the relevant new Consents or the modification of the existing Consents and a definition of a satisfactory consent;

(e)  the Contractor shall be obliged to use all reasonable endeavours to obtain a satisfactory consent or the modification of the existing Consents by the longstop date. [all reasonable endeavours having the same meaning as All Reasonable Endeavours in Schedules 26 (Planning) and 27 (Approach to Permit Risk)];159

(f)  subject to compliance with paragraph (c) and provided that the Parties have agreed an estimate of such costs in accordance with paragraph (a), any additional costs and expenses (or any required modifications to the Change) arising from any delay in obtaining the relevant new Consent or the modification or any existing Consent or any deviation in the terms of the relevant Consent from the assumed terms shall be for the account of the Authority;

the Contractor shall not be required to implement the relevant Change in the event that, despite using reasonable endeavours the satisfactory Consents or the modification of the existing Consents cannot be obtained.

3.2.  This paragraph 3 (Consents for Authority Changes) shall not apply to Contractor Changes (in respect of which Consents are a Contractor risk) or Architectural Enhancements (which by definition arise in the context of planning as provided in Schedule 26 (Planning)).

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159  Amend if Schedules 26 and/or 27 are not used.