2.1.  Contractor to obtain Planning Permission

2.1.1.  The Contractor undertakes to the Authority that (subject to the provisions of this paragraph 2 (Planning Consents):

(a)  it shall use All Reasonable Endeavours to obtain a Satisfactory Planning Permission to enable it to undertake the Works and to deliver the Services at the [specify the Facility concerned];

(b)  the Contractor shall in pursuing any relevant Planning Permission use reasonable endeavours to follow and meet the Key Dates (Schedule 8) in respect of the Site in question.

2.1.2.  The Contractor shall bear the costs of obtaining and of implementing and complying with the provisions and conditions of all Planning Permissions (other than the Authority's internal costs any costs relating to Proceedings in the name of the Contractor which exceed the Appeal Contingency and in respect of which the Authority has given prior written consent that such costs may be incurred in accordance with paragraph 2.4 (Proceedings) below).

2.1.3.  The Contractor shall provide to the Authority on a quarterly basis a written summary of:

(a)  the steps taken by the Contractor in the preceding quarter in compliance with its obligations under this paragraph 2.1; and

(b)  (b) a written summary of those steps which it anticipates taking in the following quarter in order to comply with its obligations under this paragraph 2.1.

2.1.4.  Without limiting the Contractor's obligations under this paragraph 2.1 the Authority may within five (5) Business Days after receipt of such summary notify the Contractor of any further measures which it believes the Contractor should take in order to comply with its obligations under this paragraph 2.1. If the Contractor disagrees, it may refer the matter to the Dispute Resolution Procedure.

2.1.5.  Upon receipt of a notice issued under paragraph 2.1.4 (or where the matter has been referred to the Dispute Resolution Procedure, on determination or agreement of the dispute) the Contractor shall take the measures set out in the notice given under paragraph 2.1.4 (or, if relevant, the measures that have been determined or agreed under the Dispute Resolution Procedure) as soon as reasonably practicable and in any event within ten (10) Business days of receipt of the notice.

2.1.6.  Without prejudice to the Contractor's obligations under this paragraph 2 (Planning Consents) the Authority shall at the reasonable written request of the Contractor provide written confirmation (on not more than a quarterly basis) as to whether the Authority believes that, in its opinion the Contractor has up to the date of the Contractor's request fully complied with its obligations in paragraph 2.1.1 or 2.1.5 to use All Reasonable Endeavours to obtain a Satisfactory Planning Permission and to rectify any failures to do so. At the same time as the Contractor makes any such request the Contractor shall provide the Authority with supporting information regarding the steps which it has taken in order to obtain a Satisfactory Planning Permission and the Authority's confirmation shall be solely based on such information.

2.1.7.  [Where:205

(a)  the Authority confirms in writing that in its opinion the Contractor has fully complied with its obligations in paragraph 2.1.1 to use All Reasonable Endeavours up to the date of the Contractor's request; or

(b)  the Contractor has taken measures in accordance with paragraph 2.1.5; or

(c)  the Contractor has made a request pursuant to paragraph 2.1.6 and the Authority has failed to respond to such request in accordance with paragraph 2.1.6 within twenty (20) Business Days,

the Contractor shall other than in respect of any prior failure to use All Reasonable Endeavours previously notified by the Authority to the Contractor be considered to have used All Reasonable Endeavours up and until the date of the Contractor's request pursuant to this paragraph 2.1.7 only. In the event that any information subsequently comes to the attention of the Authority which suggests that the Contractor has failed to use All Reasonable Endeavours prior to the date of the Contractor's request pursuant to this paragraph 2.1.7 then any such written confirmation provided by the Authority pursuant to paragraph 2.1.7 (a) or failure to provide written confirmation pursuant to paragraph 2.1.7(b) shall be disregarded. ]

2.1.8.  The period afforded to the Contractor to remedy a failure to use All Reasonable Endeavours pursuant to paragraphs 2.1.5 shall not entitle the Contractor to an extension to the Planned Readiness Date, Planned Services Commencement Date nor any longstop date and shall not be a Relief Event, Compensation Event nor Excusing Cause.

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205  Authorities to note the internal resource required to comply with this provision. This is normally a funder rather than sponsor  requirement so ought not to feature in corporately funded solutions.