28.7 Tenants Improvements208

28.7.1 The Authority and the Contractor shall make arrangements such that the Contractor shall receive all requests to exercise their Right to Carry Out Improvements direct from the Tenants.

28.7.2 The Contractor, acting on behalf of the Authority shall:-

(a) refuse permission to exercise the Right to Carry Out Improvements;

(b) give permission to exercise the Right to Carry Out Improvements subject to such conditions as the Contractor may reasonably require,

within 10 Business Days of the Contractor's receipt of such a request as provided for in clause 28.7.1 (Tenants Improvements), and all supporting information required to be provided by the Tenant such refusal or giving of permission under this clause to be in accordance with any Legislation and such that the Authority would not be unreasonable in withholding its consent.

28.7.3 Where the Contractor is in breach of clause 28.7.2 (Tenants Improvements) the Authority shall be entitled to serve a notice upon the Contractor demanding that it take such steps to rectify such breach.

28.7.4 If the Contractor fails to rectify the breach of clause 28.7.2 (Tenants Improvements) within 10 Business Days of receipt of a notice from the Authority pursuant to clause 28.7.3 (Tenants Improvements) then the Authority shall be entitled to take such steps as it reasonably considers necessary to determine its response to a request from a Tenant received in accordance with clause 28.7.1 (Tenants Improvements).

28.7.5 In acting on behalf of the Authority under this clause, the Contractor agrees that it will not place the Authority in breach of any statutory duty or obligation and both Parties shall at all times comply with their respective obligations in the [Tenant Improvements Policy] and Tenant Waiver Protocol.

28.7.6 For the avoidance of doubt, the Contractor shall be under no obligation to maintain, or otherwise carry out any Services or Works in relation to Tenant Improvements unless any failure to maintain or otherwise to carry out any Services or Works in relation to Tenant Improvements would put the Authority or Authority Related Party or the Contractor or any Contractor Related Party in breach of or contravene:

(a) any Legislation or the common law;

(b) the landlord's obligations relating to that Tenant; or

and then only to the extent required by the matters referred to in paragraphs (a) to (c) (inclusive).

28.7.7 The Authority shall on or prior to the Services Commencement Date provide the Contractor with a list of Tenant Improvements that have been approved by the Authority since the date of the Stock Condition Survey (the Prior Approved Tenant Improvements).

28.7.8 The Authority shall indemnify the Contractor against any Losses incurred in complying with any of its obligations under this Agreement as a result of a Prior Approved Tenant Improvement (whether or not recorded on the list referred to in clause 28.7.7 (Tenants Improvements)) to the extent such Losses are attributable to a failure by the Authority to take reasonable skill, care and attention in inspecting (where normal housing management practice would necessitate an inspection) and otherwise approving such Prior Approved Tenant Improvements having regard to the standard of skill, care and attention which would reasonably be expected of a person who would normally undertake such approval and inspection.

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208 Relevant only to HRA projects.