11.  FAILURE TO OBTAIN AN ENVIRONMENTAL PERMIT

11.1.  At the earlier of:

11.1.1.  the date when the Parties acting reasonably conclude and agree that it will not be possible to obtain a Satisfactory Permit by the Planning Permission Longstop Date;

11.1.2.  the relevant Planning Permission Longstop Date where at such date the Contractor has failed to obtain the Satisfactory Permit for the [the Facility]; and

11.1.3.  unless the Parties agree otherwise, the date at which Leading Counsel advises under paragraph 6.4 that there is no reasonable prospect of success in pursuing or continuing to pursue any Permit Proceedings and obtaining a Satisfactory Permit, save where the Authority directs or the Contractor chooses to initiate or continue to pursue those Permit Proceedings under paragraph 6 (Permit Proceedings) in which case paragraphs 11.1.1, 11.1.2 or 11.1.4 shall apply; or

11.1.4.  unless the Parties agree otherwise, the date at which Permit Proceedings have been finally determined (including any withdrawal of the same) and a Satisfactory Permit has not been obtained;

the Authority shall by notice in writing advise the Contractor that in the Authority's absolute discretion:

11.1.5.  the Authority wishes to terminate this Contract; or

11.1.6.  the Authority wishes the Contractor to propose a Revised Project Plan in accordance with paragraph 3.3 (Revised Project Plan) of Schedule 26 (Planning).

11.2.  In the event of a notice of termination served pursuant to paragraph 11.1 of this Schedule 27 (Approach to Permit Risk), 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 4 (Meaning of All Reasonable Endeavours) to use All Reasonable Endeavours to obtain a Satisfactory Permit, the provisions of Clause 70 (Compensation on Termination for Force Majeure) shall apply as if such termination constituted an event of Force Majeure.

11.3.  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.