1  Review Procedure

1.1  The provisions of this Schedule 9 shall apply whenever any item, document or course of action is required to be reviewed, approved or otherwise processed in accordance with the Review Procedure.

1.2  Subject to any express provision of this Agreement, the manner, form and timing of any submission to be made by the Service Provider to the Authority Representative for review under the Review Procedure shall be a matter for the Service Provider to determine.  Each submission under the Review Procedure shall be accompanied by a copy of the proposed document to be reviewed (including, where applicable, any Reviewable Design Data) or a statement of the proposed course of action (the entire contents of a submission being referred to in this Schedule as a Submitted Item):

(a)  as soon as possible and, if the Submitted Item comprises:

(i)  an item of Reviewable Design Data;

(ii)  a revised Programme submitted pursuant to clause 18.3 (Change to Programme) of this Agreement; or

(iii)  a document or proposed course of action submitted in the case of (an emergency),

within ♦ Business Days of the date of receipt of a submission (or re-submission, as the case may be) of the Submitted Item to the Authority Representative (or such other period as the parties may agree), the Authority Representative shall return one copy of the relevant Submitted Item to the Service Provider endorsed "no comment" or (subject to and in accordance with paragraph 3 (Grounds for Objection)) "comments" as appropriate; and

(b)  subject to paragraph 1.4, if the Authority Representative fails to return a copy of any Submitted Item (including any re-submitted Submitted Item) duly endorsed in accordance with paragraph 1.3(a), within ♦ Business Days (or within such other period as the parties may agree in writing) of the date of its submission to the Authority Representative, then the Authority Representative shall be deemed to have returned the Submitted Item to the Service Provider endorsed "no comment" (and, in the case of Reviewable Design Data, endorsed "Level A - no comment"); and

(c)  in relation to finishes:

(i)  the Service Provider shall within ♦ Business Days of the Commencement Date propose to the Authority Representative a range or selection of aspects of finishes (the Range of Finishes) listed in Table 1 below in accordance with the Authority Construction Requirements and the Service Provider Proposals that are available as at the date of this Agreement for selection by the Authority in accordance with paragraph 3(d) of this Schedule 9 and within the relevant selection period listed in Table A below (the Selection Period);

(ii)  the Authority Representative shall within ♦ Business Days from receipt of the Range of Finishes listed in Table 1 below notify the Service Provider of its selection within the Selection Period for each of the Finishes; and

Table 11

(iii)  if no selection of a Finish has been made by the Authority Representative and notified to the Service Provider in accordance with paragraph 1.2(c)(ii) by the end of the relevant Selection Period, the Service Provider shall be entitled to make a selection of the particular Finish. After the end of the relevant Selection Period, should the Authority wish to vary any selection previously made by the Service Provider or by the Authority, such change shall be effected as a Change in accordance with the Change Protocol.

1.3  If the Authority Representative raises comments on any Submitted Item in accordance with paragraph 3 (Grounds for Objection) he shall state the ground upon which such comments are based and the evidence or other information necessary to substantiate that ground.  To the extent that the Authority Representative comments on a Submitted Item other than on the basis set out in this Schedule 9, or fails to comply with the provisions of this paragraph 1, the Service Provider may, in its discretion, either:

(a)  request written clarification of the basis for such comments and, if clarification is not received within ♦ Business Days of such request by the Service Provider, refer the matter for determination in accordance with the Dispute Resolution Procedure; or

(b)  at its own risk, and without prejudice to clause 15 (Design, Construction and Commissioning Process), proceed with further design or construction disregarding such comments.

1.4  In the case of any Submitted Item of the type referred to in paragraph [3]2, a failure by the Authority Representative to endorse and return such Submitted Item within the period specified in paragraph 1.2(b) shall be deemed to constitute an objection by the Authority Representative to such Submitted Item.  If the parties fail to agree the form and content of such Submitted Item, within ♦ Business Days following the expiry of the period specified in paragraph 1.2(b), the matter shall be determined in accordance with the Dispute Resolution Procedure.

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1 Project specific.  This table is intended to be for guidance only.

2 Project specific.  This table is intended to be for guidance only.