3  Grounds Of Objection

3.1  The expression "raise comments" in this paragraph shall be construed to mean "raise comments or make objections" unless the contrary appears from the context.  The Authority's Representative may raise comments in relation to any Submitted Item on the grounds set out in the paragraph above or on the grounds that the Submitted Item would (on the balance of probabilities) breach any Law or not be in accordance with any necessary consent, but otherwise may raise comments in relation to a Submitted Item only as follows:

3.1.1  in relation to any Submitted Item:

(a)  the Contractor's ability to perform its obligations under this Agreement would (on the balance of probabilities) be adversely affected by the implementation of the Submitted Item; or

(b)  the implementation of the Submitted Item would (on the balance of probabilities) adversely affect any right of the Authority under this Agreement or its ability to enforce any such right;

3.1.2  in relation to any Submitted Item submitted pursuant to clause 53.3 (Changes to Project Documents):

(a)  the Authority's ability to perform its obligations under this Agreement would be adversely affected by the proposed course of action;

(b)  the Authority's ability to carry out any of its statutory functions would (on the balance of probabilities) be adversely affected by the proposed course of action;

(c)  the proposed course of action would be likely to result in an increase to the Authority's liabilities or potential or contingent liabilities under this Agreement;

(d)  the proposed course of action would adversely affect any right of the Authority under this Agreement or its ability to enforce any such right; or

(e)  the Contractor's ability to perform its obligations under this Agreement would be materially adversely affected by the proposed course of action;

3.1.3  in relation to Reviewable Design Data submitted pursuant to clause 14 (Design Development):

(a)  the Submitted Item is not in accordance with the Authority's Requirements;

(b)  the Submitted Item is not in accordance with the Construction Proposals;

3.1.4  in relation to any proposed variation to the Construction Proposals relating to the Works:

(a)  the Submitted Item would increase the likelihood of deductions being made pursuant to clause 36 (Payment Provisions) and Schedule 6 (Payment Mechanism) following the [relevant] Services Availability Date;

(b)  would result in a decrease or worsening of the quality of the Site[s] following the [relevant] Services Availability Date; or

(c)  save where such proposed variation is necessitated due to a Qualifying Change in Law a Compensation Event or an Authority Change, would lead to an increase in the Unitary Charge;

3.1.5  in relation to the submission of any revised Construction Programme on the ground that the revised Construction Programme;

(a)  would not (on the balance of probabilities) enable any part of the Works to be completed by the [relevant] Planned Services Availability Date;

3.1.6  in relation to the submission of any proposed revision or substitution for the Service Delivery Proposals on the grounds that:

(a)  the proposed revision or substitution is not in accordance with Good Industry Practice;

(b)  the performance of the relevant Services in accordance with the proposed revision or substitution would (on the balance of probabilities):

(i)  be less likely to achieve compliance with relevant parts of the Authority's Requirements;

(ii)  have an adverse effect on the provision by the Contractor of the Services or on the safety of any Users of the [Facility/Facilities]; or

(iii)  would cause the Authority to incur material additional expense; or

(c)  the proposed revision or substitution would (on the balance of probabilities) result in an inferior standard of performance of the relevant Services to the standard of performance in accordance with the Service Delivery Proposals prior to such proposed revision or substitution;

3.1.7  in relation to the submission of any Schedule of Programmed Maintenance, any revision to any Schedule of Programmed Maintenance on the grounds that:

(a)  carrying out the Programmed Maintenance in the period or at the times suggested would (on the balance of probabilities) interfere with the operations of the [Facility/Facilities] and such interference could be avoided or mitigated by the Contractor rescheduling the Programmed Maintenance;

(b)  the safety of staff Users of the [Facility/Facilities] would (on the balance of probabilities) be adversely affected; or

(c)  the period for carrying out the Programmed Maintenance would (on the balance of probabilities) exceed the period reasonably required for the relevant works;

3.1.8  In relation to any Submitted item submitted pursuant to clause 28 (Use of the Facilities and Revenue Share), the proposed use of the Facilities by third parties:

(a)  can reasonably be expected to impair the provision of the Services or such use is not compatible with the use of the [Facility/Facilities] as [a] community leisure centre[s];]

(b)  the use is one which the Authority (acting reasonably) has objected to;

(c)  the use involves the sponsorship, advertisement or other direct involvement by an organisation, entity or person engaged, or with substantial interest in the production or sale of products containing or derived from tobacco or the manufacture or sale of arms and weapons;

(d)  the use could be expected to involve undue violence (provided that the provision of organised sport shall not be considered undue violence) or otherwise be incompatible with the ethos of the Authority.

3.1.9  in relation to any submission to defer the replacement of any part of the [Facility/Facilities] made pursuant to clause 23.6 (Programmed Replacement) on the grounds that:

(a)  the proposed deferral is not in accordance with Good Industry Practice;

(b)  the performance of the relevant Services in accordance with the proposed deferral would (on the balance of probabilities):

(i)  be less likely to achieve compliance with relevant parts of the Authority's Requirements;

(ii)  have an adverse effect on the provision of the Services or on the safety of any Users; or

(iii)  would cause the Authority to incur material additional expense;

(c)  the proposed deferral would (on the balance of probabilities) result in an inferior standard of performance of the relevant Services to the standard of performance in accordance with the Service Delivery Proposals prior to such proposed revision or substation; or

(d)  would result in a decrease or worsening of the quality of the Sites;