2.9.  [Interim Services]

2.9.1.  In the event that as at the Planned Services Commencement Date for the Facility, Service Commencement at that Facility has not been achieved due to a delay in obtaining Planning Permission the Contractor shall at the Authority's request provide an Interim Service in respect of that Facility in accordance with this paragraph 2.9 (Interim Services).

2.9.2.  Where the Contractor is required, pursuant to paragraph 2.9.1 to provide an Interim Service then the Contractor shall during the Interim Services Period perform the Interim Service and the Authority shall pay the Interim Service Payment in accordance with the provisions of Schedule 4 (Payment Mechanism) provided that where the Contractor has not used All Reasonable Endeavours to obtain Planning Permission the Authority shall only be obliged to pay such amount as is fair, reasonable and proportionate having regard to the extent to which the need for the Interim service was caused by the Contractor's failure to use All Reasonable Endeavours to obtain Planning Permission and the Parties shall seek to agree such amount and failing such agreement the matter may be referred by the Authority or the Contractor to be determined pursuant to Schedule 22 (Dispute Resolution)]206.

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206  Clause to be considered on a project specific basis. It may not be appropriate for this to be a mandatory requirement.