SUCH AUTHORITY DIRECTION); AND
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THE AUTHORITY SHALL, WHEN GIVING ANY AUTHORITY DIRECTION, ACT
IN ACCORDANCE WITH ITS POWERS UNDER THE ENERGY ACT.
3.2
Compliance with Law and Regulatory
Requirements
The Authority shall comply with applicable Law and Regulatory Requirements in
relation to the performance of its obligations and the exercise of its rights
under this Contract, and/or otherwise connected with its use, occupation,
control or management of the Sites.
3.3.
Not Wilfully Impede Performance of the Tasks
3.3.1
WITHOUT PREJUDICE TO CLAUSE 3.1 (AUTHORITY
DIRECTIONS), AND ITS RIGHTS UNDER THIS CONTRACT, THE AUTHORITY SHALL:
CO-OPERATE WITH THE CONTRACTOR TO FACILITATE THE PERFORMANCE
OF ITS OBLIGATIONS UNDER THIS CONTRACT; AND
NOT WILFULLY IMPEDE THE CONTRACTOR IN PERFORMING ITS
OBLIGATIONS UNDER THIS CONTRACT.
3.3.2
THE CONTRACTOR SHALL NOT HAVE ANY LIABILITY TO THE
AUTHORITY UNDER THIS CONTRACT TO THE EXTENT THAT THE AUTHORITY HAS NOT COMPLIED
WITH ITS OBLIGATIONS PURSUANT TO CLAUSE 3.3.1 ABOVE IN ANY MATERIAL RESPECT.
3.4
Authority responses
3.4.1
UNLESS OTHERWISE EXPRESSLY SPECIFIED IN THIS CONTRACT
OR AGREED BETWEEN THE PARTIES, WHERE THE AUTHORITY IS REQUIRED TO RESPOND IN
WRITING TO THE CONTRACTOR ON ANY MATTER, THE AUTHORITY SHALL USE REASONABLE
ENDEAVOURS TO DO SO WITHIN THIRTY (30) CALENDAR DAYS OF RECEIPT OF SUCH A
REQUEST.
3.4.2
WHERE THE AUTHORITY DOES NOT RESPOND WITHIN THE
RELEVANT PERIOD, AND THERE IS AN IMPACT ON THE COST OR SCHEDULE OF THE TASKS AS
A RESULT OF SUCH AUTHORITY DELAY, THE CONTRACTOR SHALL BE ENTITLED TO BRING A
CHANGE PROPOSAL IN ACCORDANCE WITH CLAUSE 2.6 (SETTING THE LTP AND CHANGE
CONTROL) TO ADDRESS SUCH IMPACT.
3.5
Failure of Performance
If at any time during the period of this Contract, either Party becomes aware
of:
3.5.1
A FAILURE BY THE OTHER PARTY TO PERFORM ANY
OBLIGATIONS TO WHICH IT IS SUBJECT PURSUANT TO THIS CONTRACT; AND/OR
3.5.2
A DEFECT OF ANY NATURE IN THE PERFORMANCE AND
PROVISION OF ANY TASKS BY THE CONTRACTOR AND ANY SUBCONTRACTOR, OR
SUB-SUB-CONTRACTOR
which in either case, in the reasonable opinion of that Party, has an adverse
effect on the proper performance of this Contract it shall immediately notify
the other Party.
In particular, but without limiting the foregoing, each Party shall immediately
notify the other Party of any failure of performance or defect of which it
becomes aware which may give rise to any liability to the other Party.
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3.6.
AUTHORITY RIGHTS IN RESPECT OF CUSTOMER CONTRACTS
3.6.1
NEW BUSINESS AND AMENDMENTS TO CUSTOMER CONTRACTS
EXCEPT TO THE EXTENT THAT THE CONTRACTOR HAS PERMITTED ACTIVITIES
PURSUANT TO CLAUSE 3.6.4 (PERMITTED ACTIVITIES) AND SUBJECT TO THE AUTHORITY'S
RIGHTS UNDER CLAUSE 3.6.3 (AUTHORITY'S RIGHT TO INSTRUCT), THE CONTRACTOR SHALL
NOT ENTER INTO NEW CUSTOMER CONTRACT
(A "NEW CUSTOMER CONTRACT") NOR AMEND ANY
EXISTING CUSTOMER CONTRACT (OR SUGGEST TO THE COUNTERPARTY ANY AMENDMENT OTHER
THAN ON A WITHOUT PREJUDICE BASIS) UNLESS THE AUTHORITY HAS GIVEN ITS PRIOR
WRITTEN CONSENT PURSUANT TO PARAGRAPH 3.5 OF THE PART 1 OF THE COMMERCIAL
SCHEDULE (CUSTOMER