22.3  Procedure on discovery of a Find

Upon receipt of a written notice pursuant to clause 22.2(a) the following provisions shall apply:

(a)  the Authority Representative shall promptly, and in any event within ten (10) Business Days of a receipt of a written notice from the Service Provider , issue an instruction to the Service Provider specifying what action the Authority Representative requires to be taken in relation to such discovery and if no such instruction is forthcoming within such period the Service Provider may continue to carry out the affected works;

(b)  the Service Provider shall promptly and diligently comply with any instruction issued by the Authority Representative pursuant to clause 22.3(a) at its own cost (except and to the extent that such instruction constitutes an Authority Change pursuant to clause 22.3(c) in which case the provisions of the Change Protocol shall apply);

(c)  if directed by the Authority Representative, the Service Provider shall allow representatives of the Authority to enter the Works Site or relevant part of the Project Network for the purposes of removal or disposal of such discovery and the Authority shall comply with all relevant safety procedures and any reasonable directions with regard to site safety that may be issued by the Service Provider Representative from time to time;

(d)  if any instruction given pursuant to in clause 22.3(a) includes a requirement for the Service Provider to suspend the carrying out of any part of the Service and/or to carry out works which are not works which would be strictly necessary for the purpose of compliance with Law or any Necessary Consents, such works or instruction to suspend shall be deemed to be an Authority Change and the provisions of the Change Protocol shall apply; and

(e)  the Authority shall act promptly and diligently in dealing with its obligations in this clause 22 in relation to any find so as to mitigate any effect on the Service Provider and/or the Service.