4  Agreement and Revision of the Sports and Physical Activity Development Plan

4.1  Not later than (♦) months after receipt of an update of the Authority Leisure Requirements pursuant to paragraph 3.1 but, in any event, not later than [♦] in each Contract Year the Contractor shall submit to the Authority's Representative [in accordance with the Review Procedure]30 any update to the SPADP for that Contract Year.  [The Authority's Representative and the Contractor shall agree the same.]

4.2  Not later than twenty (20) Business Days prior to the required date of implementation, the Contractor may submit to the Authority's Representative [in accordance with paragraph 3 of the Review Procedure] a revision to the SPADP showing the effect of the proposed changes to the SPADP.  If the Authority's Representative does not raise comments on such proposed revision [in accordance with the Review Procedure] the SPADP (as revised) shall become the SPADP in respect of that Contract Year.

4.3  Where the Authority's Representative raises comments in respect of any item shown in a SPADP [in accordance with paragraph 3 of the Review Procedure] the parties shall meet to discuss and agree any amendments required to the SPADP.  The Contractor shall amend the relevant SPADP accordingly, provided that if agreement is not reached within one (1) month of the Authority's Representative raising such comments, then the matter shall be referred to the Dispute Resolution Procedure.

4.4  The Contractor shall comply with the SPADP as agreed or determined pursuant to the Dispute Resolution Procedure.

4.5  Notwithstanding that there has been no objection to a SPADP, the Authority's Representative may, at any time, require the Contractor to amend the SPADP.  The Contractor shall, within ten (10) Business Days of such notification, give written details to the Authority of:

(a)  the amount of any additional reasonable costs (if any) which it will incur as a direct consequence of such change; or (as the case may be)

(b)  any savings in costs the Contractor reasonably expects to arise as a direct consequence of such change,

(the Estimated Changed Costs).

4.6  The Authority shall, within a further period of ten (10) Business Days following receipt by the Authority of notification of the amount of the Estimated Changed Costs pursuant to paragraph 4.5, (at its option) either confirm or withdraw its request to change the SPADP.  If the Authority does not respond within this ten (10) Business Day period, the request shall be deemed to have been confirmed.

4.7  In the event the change is confirmed or deemed to be confirmed pursuant to paragraph 4.6:

(a)  the Authority shall reimburse the Contractor the direct and reasonable costs actually incurred by the Contractor as a consequence of such change up to, but not exceeding, the amount of the Estimated Changed Costs; or

(b)  the relevant monthly Unitary Charge(s) shall be reduced by the amount of the Estimated Changed Costs.

4.8  The Contractor shall deliver to the Authority's Representative not less than one (1) month prior to the Planned Services Availability Date and one (1) month prior to the commencement of each subsequent Contract Year a copy of the agreed SPADP.

4.9  The Contractor and the Authority will work together to ensure that the SPADP reflects the changing needs and aspirations of the Users.  The Contractor shall pro-actively work to identify new opportunities and discuss these with the Authority with a view to amending the SPADP.

4.10  The Contractor shall apply the Terms and Conditions of Hire to the Priority Bookings.

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30  Consider on a project specific basis whether the Review Procedure should be utilised.  If not then the drafting may need amending.