15.5  Reviewable Design Date

The Service Provider shall develop and finalise the design and specification of the Works and the Authority shall review the Reviewable Design Data in accordance with the Review Procedure and the provisions set out below:

(a)  the Service Provider shall submit the Reviewable Design Data (and the design of any Changes developed in accordance with the Change Protocol) to the Authority Representative for review under the Review Procedure.  The Service Provider shall not commence, or permit the commencement of construction of the part or parts of the Facilities to which such Reviewable Design Data relates until it has submitted the appropriate Reviewable Design Data and either it is confirmed by the Authority Representative that the Service Provider is entitled to proceed with construction in accordance with paragraph 4.1 of the Review Procedure or the Service Provider is disputing the status of such Reviewable Design Data pursuant to paragraph 1.3(b) of the Review Procedure;

(b)  if the Service Provider commences or permits the commencement of construction during such a dispute and it is subsequently determined in accordance with the Dispute Resolution Procedure that the Service Provider was not entitled to proceed with construction in accordance with paragraph 4 of the Review Procedure then the Service Provider shall forthwith, at its own cost, undo, remove from the Site and replace (in a manner complying with this Agreement) any parts of the works which it has been determined the Service Provider was not entitled to construct;

(c)  with effect from the date at which any item of Reviewable Design Data is or becomes an Approved RDD Item in accordance with the Review Procedure, such Approved RDD Item shall, for the purposes of this Agreement, be deemed to have satisfied the requirements of the Authority in the manner and to the extent set out in Appendix 1, Table A of the Review Procedure;

(d)  the Service Provider shall allow the Authority Representative, at any time, a reasonable opportunity to view any items of Design Data, which shall be made available to the Authority Representative as soon as practicable following receipt of any written request from the Authority Representative.