7.3  Ancillary Documents

Except as relates to Off-Take Contracts and Third Party Waste Contracts (in respect of which Clause 51.1 shall apply) the Contractor shall perform its obligations under, and observe all of the provisions of, the Ancillary Documents and shall not:

7.3.1  terminate or agree to the termination of all or part of any of the Ancillary Documents;

7.3.2  make or agree to make any material variation of any Ancillary Document;

7.3.3  in any material respect depart from its obligations, (or waive or allow to lapse any rights it may have in a material respect), or procure that any counterparty to an Ancillary Document in any material respect departs from its obligations (or waives or allows to lapse any rights it may have in any material respect), under any Ancillary Document; or

7.3.4  enter into (or permit the entry into by any other person of) any agreement replacing all or part of (or otherwise materially and adversely affecting the interpretation of) any Ancillary Document,

unless the proposed course of action (and any relevant documentation) has been submitted to the Authority's Representative for review under the Review Procedure17 and there has been no objection in accordance with paragraph 3 of the Review Procedure within twenty (20) Business Days of receipt by the Authority's Representative of the submission of the proposed course of action (and any relevant documentation), or such shorter period as may be agreed by the Parties and the Contractor has complied with Clauses 81 (Assignment and Sub-Contracting).

7.3.5  Any variation to or departure from the terms of an Ancillary Document that relates to a matter or restriction in Clauses 81.2 (Restriction on the Contractor) shall without limitation be deemed to be material for the purpose of Clause 7.3.2 and/or 7.3.3;

7.3.6  Where the proposed course of action is referred to the Review Procedure pursuant to Clause 7.3.4 above, the Authority shall be entitled to object to the entering into of any such agreement where the same would be contrary to the provisions of Clause 81.6 (Refusal of Consent).  

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17  Schedule 9 (Review Procedure) includes drafting to reflect the provisions of this Clause 7 and the related provisions in Clauses 51 (Third Party Waste and Off-Take Contracts) and 81 (Assignment and Subcontracting).