A13 CONTRIBUTION. 5.1 Subject to the following provisions of this paragraph 5, LG Park Freehold or LG Park Leasehold will pay, upon written demand by TBC, a contribution ("the Contribution") to the 3 lane widening of the A13 Link 5 or alternative measures to improve capacity or enhance safety on A13 Link 5 in recognition of the proportional benefit that the widening or alternative measures will bring to the Development.
5.2 TBC may only issue a written demand for the Contribution once TBC has obtained all necessary consents for the 3 lane widening of the A13 Link 5 (or the alternative measures) and is in a position to let a construction contract for the 3 lane widening of the A13 Link 5 (or the alternative measures).
5.3 The amount of the Contribution will be an amount equal to 11.4% of the cost of the 3 lane widening of the A13 Link 5 (or the alternative measures) minus £1,900,000 ("the Total Cost") but in any event will not exceed the amount of £6,939,000.
5.4 TBC shall Complete the 3 lane widening of the A13 Link 5 works or alternative measures within 36 months of the receipt of the Contribution unless otherwise agreed by LG Park Freehold or LG Park Leasehold.
5.5 TBC will repay to LG Park Freehold or LG Park Leasehold any of the Contribution which remains unused or uncommitted for the purposes of this provision at the expiration of the period of 42 months from the receipt of the Contribution, unless otherwise agreed by LG Park Freehold or LG Park Leasehold.
5.6 Subject to paragraph 5.7, at any point in time after a Charging Schedule comes into effect, upon written request of any of the Parties, the Parties shall in good faith seek to agree a variation to this paragraph 5, in order to ensure that the LG Companies are not double-charged in respect of the 3 lane widening of the A13 Link 5 (or alternative measures) and to ensure an equitable amount of contribution (which in any event shall not exceed the Contribution) by the LG Companies.
5.7 If a Charging Schedule is proposed by the Council which sets a differential rate for the Property as a strategic site which is lower than the rate which would otherwise apply to the Property and which differential rate reasonably reflects the commitment on the part of the LG Companies to pay the Contribution, the LG Companies may give notice to TBC that paragraph 5.6 shall not apply.
5.8 Where paragraph 5.6 applies, if the Parties cannot agree on a suitable variation to this paragraph 5, the LG Companies may, at their cost, give writte...
