4  Revisions to the Base Case

4.1  Where the parties agree that the financial consequences of any Relevant Event are best dealt with without a revision to the Base Case, they shall agree to make such revision to the Monthly Unitary Charge as necessary on a one-off or recurrent basis.  Such change shall, on the next occasion that there is a revision to the Base Case in accordance with this Schedule 22 be consolidated as an update to the Unitary Charge and Base Case.

4.2  Prior to making any changes to the Base Case (subject to any express provision of this Contract to the contrary), the parties shall agree the Effective Date for the change and the basis of the revision to the Base Case.

4.3  Except for revisions due to:

(a)  a Qualifying Refinancing (in which case the provisions of Schedule 23 (Refinancing) shall apply);

(b)  a Connections Review in accordance with Schedule 13 (Original Non-Contestable Works) (in respect of the Service Provider's share of savings); or

(c)  a Service Provider Change which results in costs savings (and such costs savings are shared in accordance with Part 5 of the Change Protocol,

the Unitary Charge shall be revised so as to ensure that the Service Provider is in no better and no worse position (as defined by paragraph 5.3 (Principles of Adjustment)) than it was prior to the Effective Date and the event which gave rise to the need for the revision.  In no circumstances shall any revision provide compensation to the Service Provider for any deviation in performance from that predicted in the latest Base Case as agreed between the parties or determined in accordance with the Dispute Resolution Procedure.

4.4  The Service Provider shall take all reasonable and appropriate steps to mitigate the effects of any revision including, in particular, but without limitation, mitigating any adverse impact upon the Authority.

4.5  If the Base Case is to be revised, then the Service Provider shall make appropriate electronic amendments to it to effect such revisions made in accordance with this Schedule 22.

4.6  Where a revision to the Unitary Charge is required, the Service Provider shall, at its own cost, save as otherwise expressly provided, revise the Base Case and submit to the Authority a revised Base Case reflecting such adjustments.