3.  Objections

3.1  Subject to paragraph 2 (Further Information) the Authority may raise objections in relation to any Submitted Item only in accordance with the grounds in this paragraph 4, but in any event may comment on any Submitted Item.

3.2  The Authority may raise objections in relation to any Submitted Item on the grounds that:-

3.2.1  implementation of the Submitted Items would breach any Legislation or not be in accordance with any Necessary Consent;

3.2.2  implementation of the Submitted Item would (on the balance of probabilities) adversely effect the Contractor's performance of its obligations under this Agreement; or

3.2.3  implementation of the Submitted Item would adversely effect any right of the Authority under the Agreement or its ability to enforce any such right;

3.3  Subject to clause 3.2, the Authority may raise objections in relation to any Submitted Item which comprises a revised Project Document on the grounds that:-

3.3.1  the proposed revision would (on the balance of probabilities) result in the Additional Permitted Borrowing Limit being exceeded or any other material increase in the Authority's contractual liabilities (whether actual, potential or contingent);

3.3.2  the proposed revision would adversely affect the Authority's performance of its obligations under this Agreement;

3.3.3  the proposed revision would (on the balance of probabilities) significantly reduce the direct or indirect liabilities of a Sub-Contractor; or

3.3.4  the proposed course of action would reduce any cap on any indemnity in any Sub-Contract;

3.4  The Authority may raise objections in relation to any Submitted Item which comprises a revised Works Delivery Plan, Contractor's Contractual Method Statements, Service Delivery Plan, Cyclical Maintenance and Replacement [Programme] [Plan], Design and Construction Plan and Planned Maintenance Programme or Reviewable Design Data on the grounds that:-

3.4.1  the proposed revision is not in accordance with Good Industry Practice;

3.4.2  the performance of the relevant Works or Service in accordance with the proposed revision would (on the balance of probabilities):-

(a)  mean that compliance with relevant parts of the Output Specification will not occur;

(b)  not (on the balance of probabilities) enable the Works to be completed by the [Planned  Refurbishment Completion Date] [Planned Services Commencement Date];

(c)  cause the Authority to incur material additional cost or expense;

(d)  not pay due and reasonable regard to the needs of Tenants in a frail or vulnerable condition;

(e)  materially increase disruption to or have an adverse effect on the health and safety of Tenants or Leaseholders;

(f)  result in an inferior quality of components within the Works;

(g)  result in the period for carrying out any Works being extended beyond the period reasonably required for those Works.