Report.
4.1.5
OBLIGATION TO REPORT
WITHOUT PREJUDICE TO ANY OTHER OBLIGATION ON THE CONTRACTOR UNDER
THIS CONTRACT TO REPORT AND NOTWITHSTANDING THE CONTRACTOR'S RIGHT TO CARRY OUT
PERMITTED ACTIVITIES, THE CONTRACTOR SHALL, AS OFTEN AS REASONABLY NECESSARY TO
KEEP THE AUTHORITY PROPERLY AND FULLY INFORMED AND ON A REGULAR BASIS, NOTIFY
THE AUTHORITY IN AS MUCH DETAIL AS PRACTICABLE OF ANY MATTERS OF WHICH THE
CONTRACTOR BECOMES AWARE, WHICH HAVE AFFECTED, OR WHICH MAY AFFECT, THE
COMMERCIAL OPERATIONS TASKS AND/OR THE CUSTOMER CONTRACTS AND ABOUT WHICH THE
AUTHORITY MAY REASONABLY BE EXPECTED TO WISH TO BE INFORMED INCLUDING (AND
WITHOUT PREJUDICE TO THE GENERALITY OF THIS CLAUSE 4.1.5):
.1
ANY BREACH OR IMPENDING BREACH BY THE CONTRACTOR AND/OR THE
COUNTERPARTY TO ANY CUSTOMER CONTRACT;
.2
ANY IMPENDING EVENT THAT WILL REQUIRE THE AUTHORITY'S CONSENT
UNDER CLAUSE 3.6 (AUTHORITY RIGHTS IN RESPECT OF CUSTOMER CONTRACTS);
.3
ANY EXERCISE OF THE CONTRACTOR'S PERMITTED ACTIVITIES;
.4
ANY MATERIAL CHANGE IN THE FINANCIAL POSITION OF A COUNTERPARTY
TO A CUSTOMER CONTRACT;
.5
ANY CHANGE OR IMPENDING CHANGE IN THE BUSINESS STRATEGY OF A
COUNTERPARTY TO A CUSTOMER CONTRACT;
.6
ANY CHANGE IN CONTROL OF A COUNTERPARTY TO A CUSTOMER CONTRACT
PARTICULARLY WHERE SUCH CHANGE IN CONTROL WILL OR IS LIKELY TO ADVERSELY AFFECT
THE COUNTERPARTY'S FINANCIAL POSITION OR FUTURE PERFORMANCE UNDER THE CUSTOMER
CONTRACT(S) TO WHICH IT IS A PARTY;
.7
ANY CHANGE TO THE KEY MANAGEMENT PERSONNEL WITH WHOM THE
CONTRACTOR LIAISES WHICH MIGHT ADVERSELY AFFECT THE FUTURE BUSINESS RELATIONSHIP
WITH THE COUNTERPARTY TO THE CUSTOMER CONTRACT;
.8
ANY ACTUAL OR THREATENED LABOUR DISPUTES AFFECTING THE
COUNTERPARTY TO THE CUSTOMER CONTRACTS;
.9
ANY CHANGE IN THE POLICY OF OTHER PUBLIC AUTHORITIES INCLUDING,
IN PARTICULAR, PUBLIC AUTHORITIES OUTSIDE THE UNITED KINGDOM, WHICH MIGHT
ADVERSELY AFFECT THE PERFORMANCE OF THE CUSTOMER CONTRACTS OR THE CONTRACTOR'S
RELATIONSHIPS WITH COUNTERPARTIES TO THE CUSTOMER CONTRACTS;
84
.10
ANY ISSUE WHICH AFFECTS OR MAY AFFECT THE SUPPLY CHAIN UNDER ANY
SUBCONTRACT OR SERIES OF SUBCONTRACTS WHICH RELATE(S) TO THE CUSTOMER CONTRACTS.
THE CONTRACTOR SHALL ALSO FORTHWITH REPORT TO THE AUTHORITY ANY
EXERCISE OF ITS RIGHT:
.1
TO CHALLENGE ANY THREATENED OR ACTUAL REVOCATION OF A NUCLEAR
SITE LICENCE OR ANY OTHER REGULATORY PERMIT OR CONSENT WHICH IS ESSENTIAL TO THE
CONTRACTOR'S ABILITY TO OPERATE THE SITES OR CARRY OUT THE COMMERCIAL OPERATIONS
TASKS IN ACCORDANCE WITH LAW; OR
.2
TO APPLY FOR, OR RESIST, OR JOIN INTO AN INJUNCTION WHICH THE
CONTRACTOR, ACTING REASONABLY, CONSIDERS URGENT AND NECESSARY TO THE
CONTRACTOR'S PERFORMANCE OF ITS OBLIGATIONS TO THE AUTHORITY.
4.2
RECORDS
4.2.1
REQUIRED RECORDS
The Contractor shall hold and make the following records available to the
Authority in accordance with the open access, inspection and audit rights set
out Clause 4.5 (Inspection and Audit).
ALL STATUTORY AND, REGULATORY RECORDS AND REPORTS REQUIRED TO BE
KEPT (AND/OR SUBMITTED TO THE REGULATORS) BY THE CONTRACTOR IN ITS CAPACITY AS
EMPLOYER, AS NUCLEAR SITE LICENSEE AND AS HOLDER OF ANY PERMIT, CONSENT OR OTHER
AUTHORISATION ISSUED BY ANY REGULATOR;