2.6.  Appeal Contingency

The Contractor will bear all costs relating to and arising from any Proceedings (including for the avoidance of doubt the costs of obtaining any Leading Counsel's opinion under paragraph 2.4 (Proceedings) up to the limit of the Appeal Contingency (taking account of any such costs of Proceedings previously incurred under this paragraph 2 and paragraph 3) following which the Authority shall indemnify the Contractor for nine-tenths of all amounts reasonably, properly and prudently spent or contracted to be spent by the Contractor in excess of the Appeal Contingency in the proper and diligent conduct of the Proceedings provided that:

2.6.1.  the Contractor shall within twenty (20) Business Days of the notification of a call-in or the decision to refuse Planning Permission or Deemed Refusal or the grant of a Planning Permission which the Authority or the Contractor reasonably believes may be the subject of Proceedings as the case may be, provide to the Authority for its approval (such approval not to be unreasonably withheld or delayed) a detailed estimate of the likely cost of such Proceedings including a detailed breakdown of the estimated costs of legal fees and all other professional fees and other disbursements together with details of all the legal and other professional advisers that the Contractor proposes to employ and shall at no time incur any costs above the said estimate or employ any additional or alternative legal or professional advisers without the further approval of the Authority (such approval not to be withheld or delayed); and

2.6.2.  the Contractor shall use its reasonable endeavours to ensure that the costs of the Proceedings are kept to the minimum extent prudent and reasonable at all times.