Appeal Contingency

means [to be settled on a project by project basis]209;

Challenge Period

means the expiry of the later of:

(a)  the period prescribed by statute including but not limited to Part 54 of the Civil Procedure Rules during which a third party may institute a challenge which could result in the quashing or modification of the relevant decision of the Permitting Authority; and

(b)  where such a challenge is initiated within the period in (a) above the period up to and including the final determination or withdrawal of that challenge plus five (5) Business Days;

Judicial Review Challenge

means proceedings brought under Part 54 of the Civil Procedure Rules in respect of the Key Facility Environmental Permit;

Key Facility Environmental Permit

means an Environmental Permit in respect of the [insert reference to the EfW Facility]

Leading Counsel

means counsel experienced in environmental matters and practising at the environmental bar who:

(a)  shall be agreed upon by the Parties or, in default of agreement shall be a minimum of fifteen (15) years' call and identified by the Chairman of the Planning and Environmental Bar Association or his deputy; and

(b)  and accepts instructions to provide an opinion pursuant to this Schedule 27 (Approach to Permit Risk);

Permit Deemed Refusal

means any failure by the Permitting Authority or the Secretary of State to determine an application for a Key Facility Environmental Permit within the statutory period which would entitle the Contractor to appeal against the deemed refusal of that application for an Environmental Permit or any other period which the Contractor and the Permitting Authority may agree shall constitute the period for determination of the application for an Environmental Permit for the purposes of any appeal by the Contractor;

Permit Proceedings

means any of the following:

(a)  a direction by the Secretary of State requiring a referral to him for determination or determination by the Secretary of State (or any inspector appointed by him) of any application for a Key Facility Environmental Permit under a direction pursuant to the Environmental Permitting Regulations 2007;

(b)  an appeal to the Secretary of State under the Environmental Permitting Regulations 2007 against refusal (including Permit Deemed Refusal) of any application for a Key Facility Environmental Permit;

(c)  an application seeking to remove or modify any conditions imposed in a Key Facility Environmental Permit; and

(d)  an appeal to or direction by the Secretary of State requiring a referral to him for determination or determination by the Secretary of State under the Environmental Permitting Regulations relating to any application seeking to remove or modify any conditions imposed in a Key Facility Environmental Permit;

Revised Project Plan

has the meaning given to it in paragraph 3.3.1 of Schedule 26 (Planning);

Satisfactory Permit

means a Key Facility Environmental Permit with the Challenge Period expired (and with any Permit Proceedings having finally been determined such that the Environmental Permit has been upheld and may be implemented) which does not impose on the Contractor by way of condition or other obligation any requirement which renders the Contractor unable to perform all or any of the Works and/or Services as required to be provided at the [             ] Facility in accordance with the Authority's Requirements, Works Delivery Plan and/or Service Delivery Plan because it:

[to be settled on a project by project basis]

and an "Unsatisfactory Permit" is a Permit which is not a Satisfactory Permit.