25.4  Qualifying Change in Law

The following provisions shall apply where Capital Expenditure is incurred as a result of a Qualifying Change in Law:

(a)  if the parties agree or it is determined pursuant to the Dispute Resolution Procedure that the Service Provider is required to incur additional Capital Expenditure due to a Qualifying Change in Law (excluding the Service Provider's Share of any Capital Expenditure agreed or determined to be required as a result of a General Change in Law under this clause 25), then the Service Provider shall use its reasonable endeavours to obtain funding for such Capital Expenditure on terms reasonably satisfactory to it and the Senior Lenders;

(b)  the Service Provider's Share shall be solely for the account of the Service Provider;

(c)  if the Service Provider has used reasonable endeavours to obtain funding for Capital Expenditure referred to in clause 25.4(a) but has been unable to do so within forty (40) Business Days of the date of the agreement or determination in clause 25.4(a) occurred, then the Authority shall pay to the Service Provider an amount equal to that Capital Expenditure on or before the date falling twenty (20) Business Days after the Capital Expenditure has been incurred;

(d)  any compensation payable under this clause 25.4 by means of an adjustment to or reduction in the Unitary Charge shall be determined and made in accordance with Schedule 14 (Revision of Base Case and Custody).