8.  EXCESS COSTS ABOVE APPEAL CONTINGENCY

8.1.  Where the Authority is required to indemnify the Contractor pursuant to paragraph 7 (Appeal Contingency) for [costs incurred over and above the amount of the Appeal Contingency ("Permit Excess Costs")] the Authority shall reimburse the Contractor such Permit Excess Costs together with any reasonable and proper financing costs subject to the Contractor providing satisfactory evidence to the Authority of such Permit Excess Costs reasonably and properly incurred through any one of the following means the choice of such means to be in the Authority's absolute discretion:

8.1.1.  by way of an adjustment to the Unitary Charge for all or some part of the remainder of the Services Period; or

8.1.2.  by way of a lump sum payment made in one or more instalment together with an adjustment to the Unitary Charge; or

8.1.3.  by way of a lump sum payment made in one or more instalment in respect of the whole amount;

such Permit Excess Costs being calculated in accordance with the provisions of Schedule 21(Change Protocol).

8.2.  The Contractor shall provide the Authority with such cost information as the Authority may request in writing (acting reasonably) including any breakdown of costs as is reasonably practicable to allow the Authority to undertake any of the methods of payment set out in paragraphs 8.1.1 to 8.1.3 above and the Contractor shall provide such information promptly and in any event within five (5) Business Days of a written request from the Authority.