SCHEDULE 5 - INFORMATION PROTOCOL

1  The parties recognise the benefit of cooperation and sharing of Information as part of a prudent risk management strategy. Each party shall notify the other parties of relevant timescales (contractual and non-contractual) to which they are bound or committed, and shall use reasonable endeavours to facilitate exchange of Information in good time to meet such timescales.

2  The Authority shall provide to DFE and the Company (in each case solely in respect of matters affecting the Site):

2.1  promptly upon becoming aware of the same, details of any actual or potential claim made or potentially to be made against the Authority under the Project Documents which the Authority may seek to recover from the Company or DFE;

2.2  on reasonable request, details of claims that the Authority is progressing under the Project Documents (irrespective of whether the claims are being made at the request of the Company or DFE);

2.3  any notice of termination served on the Authority pursuant to the Project Documents;

2.4  service of any notice by the Authority under a Project Document purporting to terminate that agreement;

2.5  details of any matter which may lead to an increase in the Relevant Proportion including indexation, any benchmarking/market testing, any insurance costs review and any Change in Law; and

2.6  such other information as DFE or Company may reasonably require.

3  The Authority shall provide to the Company (in each case solely in respect of matters affecting the Site):

3.1  copies of insurance certificates obtained from the Contractor and copies of insurance reports provided by the Contractor as part of the insurance premia sharing mechanism under the Project Agreement;

3.2  copies of performance reports received from the Contractor pursuant to the relevant payment mechanisms;

3.3  quarterly (or more regular by agreement of the parties) reports on instances of Authority Damage, together with details of the costs associated with the same and the proposed or agreed responsibility for such costs;

3.4  copies of any survey reports obtained by the Authority having exercised its rights to require surveys pursuant to the Project Documents;

3.5  copies of planned maintenance programmes provided to the Authority by the Contractor pursuant to the Project Documents;

3.6  notice of any intention on the part of the Authority to exercise its step in rights pursuant to the Project Documents;

3.7  details of any information given to the Authority by the Contractor under Clauses [ ] of the Project Agreement;

3.8  details of any information given by the Authority to the Contractor under Clause [ ] of the Project Agreement.

4  The Company shall provide to the Authority and to DFE, promptly upon becoming aware of the same, details of any actual or potential claim made or potentially to be made against the Authority under the Project Documents.

5  The Company shall provide to the Authority:

5.1  details of any breaches of the Project Documents by the Contractor not addressed by the relevant payment mechanisms of which it is aware;

5.2  details of any grounds to exercise rights or remedies in favour of the Authority under the Project Documents of which it is aware;

5.3  details of any instances of damage to the Site, the Facility or ICT of which it is aware, together with details of any contact with the Contractor it has in respect of the same.

6  A party providing information pursuant to this Schedule 5 may require payment of its reasonable costs in providing such information where, acting reasonably, it believes it is appropriate to do so given the nature or volume of the information or requests for information, or any other relevant factors.