5  Authority right to make comments on Reviewable B Items

5.1  Thirty (30) Business Days after receipt of a Reviewable B Submitted Item which is an amendment of a Part B Method Statement or twenty (20) Business Days in respect of any other Reviewable B Submitted Item, the Authority Representative shall provide in writing to the Service Provider:

(a)  any comments it has in respect of the Reviewable B Item; or

(b)  confirmation that it has no comments in respect of the Reviewable B Item.

5.2  If the Authority fails to respond to the Service Provider in accordance with paragraph 5.1 each failure shall be deemed to be a no comment response pursuant to paragraph 5.1 (b).

5.3  The Service Provider shall not be obliged to give effect to any of the Authority comments on the Reviewable B Submitted Item provided that the Service Provider shall:

(a)  give all reasonable consideration to such comments and incorporate at its own cost, any proposed minor amendments to the Reviewable B Submitted Item (or any part of it) as may be reasonable and appropriate in the circumstances; and

(b)  if requested by the Authority in writing, state the grounds upon which the Service Provider does not accept the Authority comments upon the Reviewable B Submitted Item providing to the Authority any evidence or other information reasonably available to the Service Provider to substantiate such grounds.  Following the provision of such evidence or other information either Party (acting reasonably) may require a meeting with the other Party at managerial level to discuss any outstanding areas of disagreement.

5.4  Where the Service Provider does not accept the Authority comments upon any Reviewable B Submitted Item the Service Provider may at its discretion either:

(a)  request the Authority to provide further written clarification of the basis for such comments; or

(b)  provided the Service Provider has complied with paragraph 5.3 proceed, entirely at its own cost and risk, with any Reviewable B Submitted Item notwithstanding the Authority comments and such Reviewable B Submitted Item shall be the current relevant version of the Reviewable B Item for the purposes of this Contract.