51.4  102Third Party Waste Contracts

51.4.1  Where a Third Party Waste Contract is to be entered into with a local authority for a term greater than [   ] years or for a guaranteed tonnage in excess of [   ] per annum (such contracts together with this Contract being "Qualifying Contracts"), except where the Authority otherwise agrees (acting reasonably) the Contractor shall ensure that the provisions of Clause 44 (Change in Law) and paragraph 3 of Schedule 10 (Required Insurances) are included in the relevant contract so that the compensation payable by the Authority under such aforementioned provisions is equal to the Authority Share (the Authority Share for such purpose being, as a percentage, the maximum of the Authority's tonnage to be supplied under the Contract over the maximum capacity of the Facility which is contracted under Qualifying Contracts).

51.4.2  Where a Third Party Waste Contract is proposed to be entered into other than with a local authority then the Contractor's obligations under Clause 51.4.1 shall be to use reasonable endeavours.

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102  This Clause may be deleted if the Authority's liability in relation to Qualifying Changes in Law and Exceptional Cost pursuant to paragraph 3 of Schedule 10 (Required Insurances) is limited to its usage and an additional contractual provision is included to such effect or claw-back provisions are agreed where the costs that relate to capacity other than the Authority's are recovered through excess Third Party Income.