25.3  Parties to Discuss

As soon as practicable after receipt of the notice from the Service Provider pursuant to clause 25.2, the parties shall discuss and agree the issues referred to in clause 25.2, and any ways in which the Service Provider can mitigate the effect of the Qualifying Change in Law, including:

(a)  providing evidence that the Service Provider has used reasonable endeavours (including (where practicable) the use of competitive quotes) to oblige its sub-contractors to minimise any increase in costs and maximise any reduction in costs;

(b)  demonstrating how any Capital Expenditure to be incurred or avoided is being measured in a cost effective manner, including showing that when such expenditure is incurred or would have been incurred that foreseeable Changes in Law at that time have been taken into account by the Service Provider;

(c)  giving evidence as to how the Qualifying Change in Law has affected prices charged by any similar businesses to the Project, including similar businesses in which the Shareholders or their Affiliates carry on business; and

(d)  demonstrating that any expenditure that has been avoided, which was anticipated to be incurred to replace or maintain the Apparatus that have been affected by the Qualifying Change in Law concerned, has been taken into account in the amount which in its opinion has resulted or is required under clauses 25.2(e) and/or 25.2(f).