4  Effect of Review

4.1  Any Submitted Item which is returned or deemed to have been returned by the Authority Representative endorsed "no comment" (and in the case of Reviewable Design Data, endorsed "Level A - no comment") shall be complied with or implemented (as the case may be) by the Service Provider.

4.2  In the case of any Submitted Item other than Reviewable Design Data, if the Authority Representative returns the Submitted Item to the Service Provider endorsed "comments", the Service Provider shall comply with such Submitted Item after amendment in accordance with the comments unless the Service Provider disputes that any such comment is on grounds permitted by this Agreement, in which case the Service Provider or the Authority Representative may refer the matter for determination in accordance with the Dispute Resolution Procedure and the Service Provider shall not act on the Submitted Item until such matter is so determined or otherwise agreed.

4.3  In the case of a Submitted Item comprising Reviewable Design Data, if the Authority Representative returns the Submitted Item endorsed other than "Level A - no comment", the Service Provider shall:

(a)  where the Authority Representative has endorsed the Submitted Item "Level B - proceed subject to amendment as noted", either proceed to construct or proceed to the next level of design of the part of the Works to which the Submitted Item relates but take into account any amendments required by the Authority Representative in his comments;

(b)  where the Authority Representative has endorsed the Submitted Item "Level C - subject to amendment as noted" not act upon the Submitted Item, amend the Submitted Item in accordance with the Authority Representative's comments and re-submit the same to the Authority Representative in accordance with paragraph 4.4; and

(c)  where the Authority Representative has endorsed the Submitted Item "Level D - rejected" not act upon the Submitted Item, amend the Submitted Item and re-submit the Submitted Item to the Authority Representative in accordance with paragraph 4.4,

unless the Service Provider disputes that any such comment or proposed amendment is on grounds permitted by this Agreement, in which case the Service Provider or the Authority Representative may refer the matter for determination in accordance with the Dispute Resolution Procedure and subject to the provisions of clause 15.5(a) (Reviewable Design Data) of this Agreement the Service Provider shall not act on the Submitted Item until such matter is so determined or otherwise agreed.

4.4  Within ♦ Business Days of receiving the comments of the Authority Representative on any Submitted Item comprising Reviewable Design Data, the Service Provider shall (except in the case contemplated in paragraph 4.3(a) (Level B)) send a copy of the Submitted Item as amended to the Authority Representative pursuant to paragraph 4.3 and the provisions of paragraphs 1.2(a) (Response to Submitted Item), 4.1 and 4.3 shall apply (changed according to context) to such re-submission.

4.5  The return or deemed return of any Submitted Item endorsed "no comment" (or in the case of Reviewable Design Data endorsed "Level A - no comment" or otherwise endorsed in accordance with paragraph 4.3(a) or paragraph 4.3(b)) shall mean that the relevant Submitted Item may be used or implemented for the purposes for which it is intended but, save to the extent expressly stated in this Agreement including, without limitation, as specified in Appendix 1 to this Schedule 9, such return or deemed return of any Submitted Item shall not otherwise relieve the Service Provider of its obligations under this Agreement nor is it an acknowledgement by the Authority that the Service Provider has complied with such obligations.