OF OR TERMS OF THIS CONTRACT (INCLUDING THE
APPLICATION OF PART 4 OF THE FINANCE SCHEDULE
(COSTS PRINCIPLES AND
PROCEDURES)) OR THE CUSTOMER CONTRACTS.
IF THE AUTHORITY WISHES TO ISSUE INSTRUCTIONS TO THE CONTRACTOR
PURSUANT TO CLAUSE ABOVE, THE AUTHORITY SHALL SERVE AN INSTRUCTIONS
NOTICE ON THE CONTRACTOR SETTING OUT THE INFORMATION LISTED AT PARAGRAPH 4.1 OF
PART 1 OF THE COMMERCIAL SCHEDULE (CUSTOMER CONTRACTS) AND THE PARTIES SHALL
FOLLOW THE PROCEDURE SET OUT IN PARAGRAPHS 4 AND 5 OF PART 1 OF THE COMMERCIAL
SCHEDULE (CUSTOMER CONTRACTS).
3.6.4
PERMITTED ACTIVITIES
SUBJECT TO CLAUSES 3.6.3 (AUTHORITY'S RIGHT TO INSTRUCT) AND
TO (INCLUSIVE), THE CONTRACTOR SHALL BE ENTITLED TO TAKE SUCH ACTION IN
RELATION TO NEW OR EXISTING CUSTOMER CONTRACTS AS IS PERMITTED BY THE PERMITTED
ACTIVITIES WITHOUT SEEKING THE CONSENT OF OR CONSULTING WITH THE AUTHORITY UNDER
PART 1 OF THE COMMERCIAL SCHEDULE (CUSTOMER CONTRACTS) PROVIDED THAT, UNLESS THE
AUTHORITY AGREES OTHERWISE, THE CONTRACTOR SHALL ENSURE THAT:
.1
NO NEW CUSTOMER CONTRACT OR NO AMENDMENT (AS THE CASE MAY BE)
CONTAINS ANY TERM WHICH:
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.1.2
PROVIDES THE COUNTERPARTY TO THE CUSTOMER CONTRACT WITH A RIGHT
OF CONSENT OR A RIGHT OF TERMINATION IF THE CONTRACTOR IS SUBJECT TO A CHANGE IN
CONTROL;
.1.3
DIRECTLY OR INDIRECTLY EXCLUDES OR ATTEMPTS TO EXCLUDE ANY RIGHT
OF THE AUTHORITY WHICH ARISES UNDER THE CONTRACTS (RIGHTS OF THIRD PARTIES) ACT
1999 OR IN ANY OTHER WAY SEEKS TO PREVENT THE AUTHORITY FROM ENFORCING THE TERMS
OF THE CUSTOMER CONTRACT;
.2
NOT USED
.3
NOT USED
.4
ANY NEW CUSTOMER CONTRACT INCLUDES:
.4.1
PROVISIONS ALLOWING THE DISCLOSURE TO THE AUTHORITY BY THE
CONTRACTOR OF SUCH CUSTOMER CONTRACT AND ANY INFORMATION PASSING BETWEEN THE
PARTIES IN RELATION TO IT AND, WHERE PERMITTED UNDER PART 10 (CONFIDENTIALITY,
SECURITY AND COMPLIANCE WITH LAW), DISCLOSURE BY THE AUTHORITY TO THIRD PARTIES;
.4.2
AN ACKNOWLEDGEMENT BY THE COUNTERPARTY TO THE CUSTOMER CONTRACT
OF THE CONTRACTOR'S OBLIGATIONS TO COMPLY WITH, AND THE AUTHORITY'S RIGHTS
UNDER,
CLAUSES 4.1 (REPORTING AND REVIEWING), 4.2 (RECORDS), 4.5 (INSPECTION
AND AUDIT) AND PART 10 (CONFIDENTIALITY, SECURITY AND COMPLIANCE WITH LAW) AND A
WAIVER OF ANY LIABILITY THAT MAY ARISE UNDER THE CUSTOMER CONTRACT AS A RESULT
OF THE CONTRACTOR COMPLYING WITH ITS OBLIGATIONS UNDER SUCH CLAUSES OF THIS
CONTRACT;
.4.3
AN OBLIGATION ON THE COUNTERPARTY TO THE CUSTOMER CONTRACT TO
MAKE ITS EMPLOYEES AVAILABLE FOR THE PURPOSES OF THE AUTHORITY'S AUDIT UNDER
CONTRACT CLAUSE 4.5 (INSPECTION AND AUDIT);
.4.4
IF THE CUSTOMER CONTRACT IS GOVERNED BY ENGLISH LAW, AN
OBLIGATION ON THE COUNTERPARTY TO THE CUSTOMER CONTRACT TO BECOME A PARTY TO THE
DISPUTE RESOLUTION PROCEDURE AND COMPLY WITH THE OBLIGATIONS CONTAINED THEREIN;
.4.5
AN OBLIGATION ON THE COUNTERPARTY TO THE CUSTOMER CONTRACT TO
PERMIT THE AUTHORITY TO
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ATTEND MEETINGS BETWEEN THE CONTRACTOR AND THE CUSTOMER AND/OR CUSTOMER GROUPS;
.4.6
A TERMINATION FOR CONVENIENCE PROVISION ENABLING THE CONTRACTOR
TO TERMINATE AT ANY TIME ON GIVING REASONABLE NOTICE TO THE COUNTERPARTY TO THE
CUSTOMER CONTRACT.
IN THE EVENT