3.5.  Termination as a Result of Planning Failure

3.5.1.  If:

(a)  the provisions of this paragraph 3.5 (Termination as a Result of Planning Failure) apply pursuant to paragraph 3.2.4(a); or

(b)  the Authority rejects or is deemed to have rejected the Revised Project Plan pursuant to paragraph 3.3.7(b),

then the Contractor, or the Authority may serve written notice on the other Party specifying such Party's wish to terminate the Contract.  In the event of such notice of termination served pursuant to this paragraph 3.5 (Termination as a Result of Planning Failure) the Contract Period shall terminate [thirty (30)] Business Days from the date of such notice of termination and (provided that the Contractor has complied with its obligations under paragraph 2.2 (Meaning of All Reasonable Endeavours) to use All Reasonable Endeavours to obtain Satisfactory Planning Permission),the provisions of Clause 70 (Compensation on Termination for Force Majeure) shall apply as if such termination constituted a Force Majeure Event.

If the Contractor has not used All Reasonable Endeavours the provisions of Schedule 17 (Compensation of Termination) shall not apply and the Authority shall not be liable to the Contractor for any compensation on termination.