4.  ALL REASONABLE ENDEAVOURS

4.1.  For the purposes of paragraph 3 (Contractor to obtain a Key Facility Environmental Permit) of this Schedule 27 (Approach to Permit Risk).  "All Reasonable Endeavours" means that:

4.1.1.  the Contractor shall in relation to any application for an Environmental Permit incur expenditure and do all the things reasonably necessary (including, without limitation, full engagement with the Environment Agency in discussions regarding the proposed application for a Key Facility Environmental Permit at an appropriate time prior to the submission of such application, the commencement of any prosecution or defence of Permit Proceedings in accordance with and subject to the provisions hereof) and in doing so shall exercise all proper care and skill to secure or procure the grant of the Satisfactory Permit;

4.1.2.  prepare all documentation and supporting information in accordance with good practice for Environmental Permits;

4.1.3.  answer queries of the Environment Agency [or tribunal] promptly;

4.1.4.  the Contractor shall (subject to the provisions of paragraph 7 (Appeal Contingency) meet the costs of any Permit Proceedings such costs to include the cost of instructing Leading Counsel (including for the purposes of deciding whether or not to initiate or pursue Permit Proceedings) and the costs securing the services of any expert witnesses considered necessary for the purpose of such Permit Proceedings; and

4.1.5.  the Contractor shall provide forthwith copies to the Authority of all instructions (including enclosures) given to Leading Counsel and opinions received from Leading Counsel relating to such Permit Proceedings in respect of the Key Facility any Environmental Permit sought.  The Authority's Representative shall be entitled to attend any conference with Leading Counsel and the Contractor shall endeavour when arranging such conference to agree a convenient time for attendance by the Authority's Representative.

provided always that this paragraph 4.1 shall not require the Contractor to join as interested party in any Judicial Review Challenge