12.  CHALLENGE PERIOD AND JUDICIAL REVIEW CHALLENGE

12.1.  Where the Authority directs the Contractor to proceed to implement a Satisfactory Permit without allowing the Challenge Period to elapse in respect of any relevant decision pursuant to paragraph 10.1 (Satisfactory Permit) and a challenge is instituted within the Challenge Period the Authority shall indemnify and keep indemnified the Contractor for all costs, losses, expenses and liabilities reasonably and properly incurred up to the point at which such challenge is finally determined and the Contractor shall mitigate such costs, losses, expenses and liabilities provided that any indemnification of any costs, losses, expenses or liabilities shall be calculated on the basis that the Contractor should be in no better or no worse position than it would been in had such costs, losses, expenses or liabilities not arisen.

12.2.  In the event that a Judicial Review Challenge is instituted in respect of a Key Facility Environmental Permit during the Challenge Period then any Key Facility Environmental Permit which would otherwise be deemed a Satisfactory Permit shall be deemed to be and to have always been an Unsatisfactory Permit until such time as the Judicial Review Challenge is dismissed, withdrawn, quashed or defeated.