10.2  Rectification of Inconsistencies

If at any time it becomes apparent that:

(a)  there is an inconsistency within the terms of the Output Specification, the Service Provider shall, as soon as may be practicable following such inconsistency becoming known to the Service Provider:

(i)  consider what amendments are necessary to make the Output Specification consistent;

(ii)  inform the Authority in writing of its proposed amendments to remove the inconsistency; and

(iii)  if the Authority agrees in writing to the proposed amendments, amend the Output Specification without any adjustment of the Unitary Charge;

(b)  subject to clause 25 (Change in Law), if there is an inconsistency between the Output Specification and any Legislation or Guidance in force at the date of this Contract:

(i)  the Service Provider shall as soon as practicable following such inconsistency becoming known to the Service Provider, and with the Authority's agreement, amend the Output Specification to comply with such Legislation or Guidance;

(ii)  any such amendment shall not be deemed to be a Change; and

(iii)  the Service Provider shall not be entitled to any additional monies or adjustment of the Unitary Charge in respect of any loss incurred as a result of such inconsistency or its adjustment (and accordingly the risk of there being any such inconsistency shall be borne by the Service Provider);

(c)  any Method Statement does not satisfy the Output Specification, the Service Provider shall (as soon as practicable following this becoming known to the Service Provider) inform the Authority in writing of its proposed amendments to the relevant Method Statement(s) and, if the Authority agrees in writing the Service Provider shall, at the Service Provider's own expense and cost, amend the relevant Method Statement(s) and rectify the Service or any part affected so that:

(i)  all the Method Statements shall satisfy the Output Specification in all respects; and

(ii)  following such amendment and/or rectification, the structural, mechanical and electrical performance of the Apparatus shall be of a standard which is at least equal to that set out in the Method Statements prior to their amendment or rectification (for the purpose of this comparison disregarding the fault which required the amendment or rectification to be made);

(d)  there is an inconsistency between the requirements of clause 9.2 (Standard of Service), and the manner of resolving such inconsistency is not addressed by clauses 10.2(a) to 10.2(c) (inclusive), either party shall, as soon as may be practicable following such inconsistency becoming known, give notice of the same to the other party, and the Service Provider shall:

(i)  consider what amendments are necessary to make the requirements consistent;

(ii)  inform the Authority in writing of its proposed amendments to remove the inconsistency; and

(iii)  if the Authority agrees in writing, amend the relevant requirements without any adjustment of the Unitary Charge.