4 Authority Representative to Approve Reviewable A Items
4.1 Thirty (30) Business Days after receipt of a Reviewable A Submitted Item which is an amendment to a Part A Method Statement or twenty (20) Business Days in respect of any other Reviewable A Submitted Item (unless a longer period is agreed between the parties), the Authority Representative shall:
(a) grant its consent; or
(b) grant its consent subject to amendments provided that the grounds for making any such amendments are in accordance with those grounds set out in paragraph 4.2; or
(c) withhold its consent provided that the grounds for withholding its consent are in accordance with those grounds set out in paragraph 4.2.
4.2 The Authority shall grant its consent subject to amendments pursuant to paragraph 4.1 (b) or withhold its consent pursuant to paragraph 4.1(c) where the Authority believes, on the balance of probabilities, that the Reviewable A Submitted Item would:
(a) not comply with any requirements set out in this Contract;
(b) have an adverse effect on the carrying out of the Authority statutory duties and/or statutory functions;
(c) have an adverse effect on any other activities carried out by the Authority or any other third party on the Project Network where the Authority has, prior to the receipt by the Authority of the relevant Reviewable A Submitted Item, agreed that certain activities may be carried out by such third parties (to the extent that the Authority has provided the Service Provider with reasonable advance notice to this effect);
(d) be in breach of any Law, Guidance or Necessary Consents;
(e) have an adverse effect on the likelihood of the relevant Core Investment Works being carried out by the relevant Milestone Completion Date (Projected);
(f) have an adverse effect on the ability of either of the parties to perform their obligations under this Contract;
(g) have an adverse effect on the performance and/or quality of the Service in comparison to the Service performed and/or provided prior to such proposed Reviewable A Submitted Item;
(h) be likely to increase the likelihood of Adjustments occurring pursuant to the Payment Mechanism;
(i) be likely to result in an increase in or acceleration of the Authority liabilities or potential or contingent liabilities under this Contract;
(j) not reasonably minimise works or disruption on the Project Network;
(k) have an adverse effect on the Authority ability to perform the [Authority Scheduled Works] [Authority Retained Services] [Authority Routine Maintenance];1
(l) have an adverse effect on any Special Event;
(m) in relation to any amendments to Part A Method Statement (or any part thereof) have an adverse effect on the health and safety of any persons (whether or not users of the Project Network);
(n) have an adverse effect on any right of the Authority under this Contract or its ability to enforce any such right;
(o) change the equipment used in the provision of the Service which would or be likely to result in increased energy consumption in relation to the Project; and
(p) would or is likely to increase the consumption of electricity by an amount in excess of [five per cent (5%)] of the Forecast Electricity Consumption for the Payment Year in which the Reviewable A Submitted Item would come into effect provided that such Reviewable A Submitted Item is not a change in the equipment used in the provision of the Service.
4.3 Where the Authority grants its consent to any Reviewable A Submitted Item subject to amendments pursuant to paragraph 4.1 (b):
(a) the Authority shall:
(i) state what amendments are required to the Reviewable A Submitted Item;
(ii) state the grounds upon which the amendments are based; and
(iii) provide other reasonable evidence or information necessary to substantiate that ground; and
(b) the Service Provider shall:
(i) proceed with producing the final version of the Reviewable A Submitted Item taking into account those amendments made by the Authority pursuant to paragraph 4.3 (a); or
(ii) if the Service Provider does not accept the grounds provided by the Authority pursuant to paragraph 4.3 (a) (ii) and if the matter cannot be resolved by discussion between the parties within ten (10) Business Days of the date on which the Service Provider first notifies the Authority that it does not accept such grounds, either party may refer the matter to the Dispute Resolution Procedure.
4.4 Where the Authority withholds its consent to any Reviewable A Submitted Item pursuant to paragraph 4.1 (c):
(a) the Authority shall:
(i) state the grounds upon which such refusal of consent are based; and
(ii) provide other reasonable evidence or information necessary to substantiate that ground; and
(b) the Service Provider shall:
(i) amend and resubmit the Reviewable A Submitted Item in accordance with paragraph 3; or
(ii) if the Service Provider does not accept the grounds provided by the Authority pursuant to paragraph 4.4 (a) (i) and if the matter cannot be resolved by discussion between the parties within ten (10) Business Days of the date on which the Service Provider first notifies the Authority that it does not accept such grounds, the Service Provider may refer the matter to the Dispute Resolution Procedure.
4.5 Where the provisions of paragraph 4.4 (b) (i) apply the Service Provider shall resubmit such Reviewable A Submitted Item to the Authority Representative within [ten (10)] Business Days of the date on which the Authority withholds its consent pursuant to paragraph 4.1 (c) and the provisions of this paragraph 4 shall apply (changed according to context) to such resubmission.
4.6 If the Authority fails to respond to the Service Provider in accordance with paragraph 4.1 such failure shall be deemed to be a withholding of consent and if the Service Provider does not accept such withholding of consent, the Service Provider may refer the matter to the Dispute Resolution Procedure.
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1 Project specific. These terms will need to be defined by reference to a schedule of works.