Authority Confirmation

2.6 The Authority shall, in writing, either confirm or withdraw the Authority Change Notice or reject the Contractor Response and in the event that the Authority:

(a) confirms the Authority Change Notice then the Authority shall issue a Confirmation Notice which shall set out the Change in Project Costs and agreed timescales for implementation and attach the agreed Contractor Response amended as agreed; or

(b) withdraws an Authority Change Notice, paragraph 2.8 shall apply; or

2.7 If the Authority does not issue a written notice pursuant to paragraph 2.6 within twenty (20) Business Days of the contents of the Contractor Response having been agreed in accordance with paragraph 2.4 or determined pursuant to paragraph 2.5 then the Authority Change Notice shall be deemed to have been withdrawn.

2.8 Where an Authority Change Notice is withdrawn pursuant to paragraph 2.6 or deemed to have been withdrawn pursuant to paragraph 2.7 or paragraph 4.2 (Funding) of Part 1 (General Provisions), the Authority shall pay to the Contractor the reasonable additional Third Party Costs incurred by the Contractor in preparing such Contractor Response provided that:

(a) the Contractor has used all reasonable endeavours to submit a reasonably priced Contractor Response;

(b) the Contractor included in the Contractor Response a cost breakdown of the estimate of Third Party Costs to be incurred by the Contractor in preparing the Contractor Response and the Authority has:

(i) acting reasonably, approved such estimate of Third Party Costs and the type of third-party prior to any Third Party Costs being incurred; and

(ii) agreed that, given the nature of the proposed Medium Value Change, it was reasonable for the relevant third-party to incur costs in preparing the Contractor Response on the basis of the extent of the proposed Medium Value Change and the work required in submitting an accurate Contractor Response in compliance with this Change Protocol;

(iii) been provided with such evidence as it may reasonably require in order to verify such Third Party Costs; and

(iv) confirmed that no cap or fixed fee given by the Contractor (whether in the Contractor Response or otherwise) in respect of any third-party cost has been exceeded.

2.9 The Authority shall not be responsible for payment of any costs incurred by the Contractor in preparing the Contractor Response where the Authority has rejected the Contractor Response on the grounds of non-compliance with the requirements of this Protocol.

2.10 Where :

(a) the Contractor has either:

(i) failed to provide a Contract Response in accordance with paragraph 2 within the time period specified in the Authority Change Notice or such other time period as agreed between the parties; or

(ii) provided a Contractor Response in accordance with paragraph 2 but has failed to fully implement the Medium Value Change within ten (10) Business Days of the date set out in the Confirmation Notice referred to in paragraph 2.6(a) as being the date by which the Medium Value Change should have been implemented; or

(iii) it is determined pursuant to paragraph 2.5 that the Contractor has failed to submit a fair and reasonable Contractor Response

then the Authority may notify the Contractor that the Authority Change Notice is withdrawn and following such notification, may procure the implementation of the Medium Value Change without further recourse to the Contractor and the provisions of paragraph 7 (Implementation of a Change by the Authority) of Part 1 (General Provisions) shall apply.