4  Funding

4.1  In the case of a Medium Value Change or High Value Change, the Authority may request in the Authority Change Notice that the Service Provider shall use its reasonable endeavours to obtain funding for the whole of the estimated Capital Expenditure, on terms reasonably satisfactory to the Authority and the Senior Lenders.

4.2  If the Service Provider has used its reasonable endeavours to obtain funding for the whole of the estimated Capital Expenditure, but has been unable to do so within forty (40) Business Days of the date that the Authority issued an Authority Change Notice making such request, the Service Provider shall inform the Authority in writing of what funding (if any) it has managed to obtain.  The Service Provider shall have no obligation to carry out the Authority Change, which shall be deemed to be withdrawn, unless the Authority confirms in writing within twenty (20) Business Days of receipt of such notice by the Service Provider, that it will pay the Capital Expenditure for which funding is not available.

4.3  The Authority may, at any time notify the Service Provider in writing that it will meet all or, to the extent the Service Provider has obtained funding for part of the Capital Expenditure, the remaining part of the Capital Expenditure.

4.4  For the avoidance of doubt, subject to clause 25 (Change in Law), the Authority shall pay the Capital Expenditure incurred in carrying out any Low Value Change required by the Authority.

4.5  In the case of a Service Provider Change, any funding shall (unless otherwise agreed) be provided by the Service Provider except to the extent a Qualifying Change of Law applies, in which case the provisions of clause 25 (Change in Law) shall apply.