14.3  No Construction prior to Review

14.3.1  Subject to clause 14.3.2 the Contractor shall not commence or permit the commencement of the construction of the part or parts of the Works to which any Reviewable Design Data relates until it has submitted the relevant Reviewable Design Data for review and either it is confirmed by the Authority's Representative that the Contractor is entitled to proceed with construction in accordance with the Review Procedure or the Contractor is disputing the status of such Reviewable Design Data pursuant to paragraph 1.3 of Schedule 8.

14.3.2  If the Contractor commences or permits the commencement of construction before the Authority's Representative provides such approval or during such a dispute and it is subsequently determined that the Contractor was not entitled to proceed with construction in accordance with paragraph 4 of Schedule 8, then the Contractor shall forthwith, at its own cost, undo, remove from the Site(s) and replace (in a manner complying with this Agreement) any parts of the Works which it has been determined the Contractor was not entitled to construct.

14.3.3  Without prejudice to the Authority's rights under clause 41.3 (Termination on Contractor Default) and to any other express rights under this Agreement, where the Contractor has been found to have breached any of its obligations pursuant to this clause 14 [more than [    ] times in any [    ] month period] the Contractor shall procure that its Chief Executive meets with the Authority as soon as reasonably practicable following an Authority request for such a meeting to discuss how to remedy the breach and avoid any reoccurrence of the breach.

14.3.4  If following any meeting that occurs pursuant to clause 14.3.3 the breach discussed at such meeting reoccurs (without prejudice to the Authority's rights under clause 41.3 (Termination on Contractor Default)) the Authority may by notice to the Contractor proceed to monitor the Contractor's performance in complying with its obligations pursuant to this clause 14 until such time as the Contractor shall have demonstrated to the reasonable satisfaction of the Authority that it will perform (and is capable of performing) its obligations under this clause.

14.3.5  If the Authority issues a notice under clause 14.3.4, the Contractor shall keep the Authority indemnified at all times from and against all reasonable costs and expenses incurred by or on behalf of the Authority in relation to such increased level of monitoring arising due to the circumstances under clause 14.3.4.