4.2  Authority's Undertaking

The Authority undertakes to the Service Provider that it shall:

(a)  subject to the provisions of this Agreement, comply with all Legislation, Guidance and Consents applicable to it which relate to the Project Operations;

(b)  not wilfully impede the Service Provider in the performance of its obligations under this Agreement (having regard always to the interactive nature of the activities of the Authority and of the Service Provider and to the Authority's use of the Facilities to provide the Care Services and any other operations or activities carried out by the Authority on or at the Site for the purposes contemplated by this Agreement or any other of the Authority's statutory functions);

(c)  inform the Service Provider as soon as reasonably practicable if at any time it becomes unable to meet any of its financial obligations and in such case inform, and keep the Service Provider informed, of any course of action to remedy the situation recommended or required by the Secretary of State or other competent authority;

(d)  to the extent permitted by Legislation, supply to the Service Provider within sixty (60) Business Days of their publication, a copy of the Authority's annual report and accounts,

provided that, to avoid doubt nothing in this clause 4.2 shall in any way fetter the discretion of the Authority in fulfilling its statutory functions.