4  Accrual of Apparatus after date of Contract

4.1  Where the Authority requires the Service Provider to accept into the scope of the Service Apparatus which is in existence (or will be in existence) as a result of a Relevant Action taken by the Authority after the date of this Contract the following procedure shall apply:

(a)  the Authority shall provide to the Service Provider written notice stating:

(i)  what Relevant Action requires Accrual of the Apparatus;

(ii)  the identity of the parties involved;

(iii)  a plan of the proposed development or works and details of the types of relevant Apparatus;

(iv)  the lighting classes (which the Authority shall be entitled, in its absolute discretion, to determine from the lighting classes set out in the Output Specification) which shall apply to [each item of Apparatus and/or] [each road, footpath or cycle track] within the proposed development or works;

(v)  details of any special requirements by the Authority in addition to the Standard Development Specification with which the proposed development or works must comply;

(vi)  a copy of the proposed design of the Apparatus, including:

(A)  details of all Apparatus types;

(B)  locations of the Apparatus; and

(C)  written confirmation by the developer that the design complies with the Required Standards;

(b)  the Service Provider shall, within ten (10) Business Days of receipt of the written notice from the Authority pursuant to paragraph 4.1(a), serve a written notice on the Authority either:

(i)  confirming that the Service Provider is satisfied (acting reasonably) that the proposed design meets the Required Standards; or

(ii)  stating that the design does not meet the Required Standards and setting out (in sufficient detail to enable the Authority to comply with paragraph 4.1(c)) in what way the proposed design does not satisfy the Required Standards;

(c)  where paragraph 4.1(b)(ii) applies the Authority shall (unless it disagrees with the reasoning provided pursuant to paragraph 4.1(b)(ii) by the Service Provider, in which event the provisions of the Dispute Resolution Procedure shall apply) rectify or procure the rectification of the design, so that the Required Standards are met to the Service Provider's satisfaction (acting reasonably);

(d)  the Service Provider may carry out random checks to ensure that installation of the relevant Apparatus is being carried out in accordance with Good Industry Practice and that the Required Standards are being met.  When the Service Provider is not satisfied (acting reasonably) that the Required Standards are being met, the Service Provider shall inform the Authority forthwith;

(e)  following notification by the developer that installation has been completed and on the Authority being satisfied that such installation has been so completed, the Authority shall serve a written notice on the Service Provider stating:

(i)  the nature, location and extent of the works and a description of the Apparatus to be inspected (including a plan showing the location of the installed Apparatus);

(ii)  details of any cable distribution networks forming part of the Apparatus and proposed to be taken over by the Service Provider;

(iii)  the electrical test certificates for the Apparatus;

(iv)  a copy of the Required Standards (including the Standard Development Specification);

(v)  written confirmation from the developer that the Apparatus complies with the Required Standards;

(vi)  sufficient relevant information to allow the Service Provider to satisfy any Legislation;

(f)  within ten (10) Business Days of receipt of the written notice given pursuant to paragraph 4.1(e) the Service Provider shall inspect the relevant Apparatus and within two (2) Business Days of such inspection shall serve a written notice on the Authority either:

(i)  confirming that the Apparatus inspected achieves the Required Standards to the Service Provider's reasonable satisfaction (an Apparatus Acceptance Notice); or

(ii)  stating that the Required Standards have not been achieved to the Service Provider's reasonable satisfaction and setting out in sufficient detail to enable the Authority to comply with paragraph 4.1(h) the way in which the Required Standards have not been achieved;

(g)  if the Service Provider fails to give written notice within the time period specified in paragraph 4.1(f), then the Service Provider shall be deemed to have accepted that the Apparatus meets the Required Standards and an Apparatus Acceptance Notice shall be issued by the Authority on behalf of the Service Provider;

(h)  where paragraph 4.1(f)(ii) applies the Authority shall (unless it disagrees with the reasoning provided by the Service Provider, in which case the provisions of the Dispute Resolution Procedure shall apply) rectify or procure the rectification of such failure(s) so that the Required Standards are met to the Service Provider's satisfaction (acting reasonably);

(i)  when the Authority is satisfied that any failures have been rectified the Authority shall inform the Service Provider of such, whereupon the Service Provider shall repeat the procedure set out in paragraph 4.1(f) until the Service Provider (acting reasonably) is satisfied that the Required Standards have been met or the Authority issues an Apparatus Acceptance Notice;

(j)  when an Apparatus Acceptance Notice has been issued in accordance with paragraph 4.1(f) or paragraph 4.1(g) (as the case may be):

(i)  the Apparatus shall constitute Apparatus that complies with the Output Specification; (and, for the avoidance of doubt, the Service Provider shall procure that the lighting standards specified by the Authority pursuant to paragraph 4.1(a)(iv) are met);

(ii)  risk in such Apparatus shall transfer to the Service Provider on the date of the Apparatus Acceptance Notice;

(iii)  the Service Provider shall within one (1) Business Day of the date of the Apparatus Acceptance Notice ensure that details of such Apparatus are added to the Management Information System;

(iv)  the energy forecast shall be revised in accordance with paragraph 3 of the Payment Mechanism; and

(v)  the Unitary Charge shall be revised as set out in paragraph 6.

4.2  The costs of all design checks and inspections carried out by the Service Provider pursuant to paragraph 4.1(d) and paragraph 4.1(f) (which sums shall be calculated in accordance with the Catalogue of Catalogue Change and Services Rates) shall be paid by the Authority to the Service Provider within twenty (20) Business Days of receipt of a valid invoice.