Authority; Consents. The parties agree that in relation to the PFI Project Agreement: 6.2.1 the Authority shall not give any consent, approval or authorisation of matters concerning the Academy without the prior operation of the procedures set out in this clause 6.2; 6.2.2 the Authority shall inform the Company of the decision it requires by when and shall provide any relevant information at its disposal to inform such a decision, following which the Company will ensure that the Company gives any consent, approval or other necessary response in accordance with the timescales within which the Authority has advised the Company it is required to act; and 6.2.3 where the Company: (a) does not respond to the Authority in accordance with clause 6.2.2, the Authority has discharged all obligations under this clause 6.2 in respect of the relevant consent, approval or authorisation and shall be entitled to give such consent, approval or authorisation; or (b) does not give consent, the Company will provide full written details of its objections to the Authority within such time period as the Authority has advised it is required to act to enable the Authority to comply with its obligations under the PFI Project Documents. 6.2.4 Without prejudice to clause 26.3.4, the Company shall not be required to give any consent or approval sought by the Authority under clause 6 or otherwise and the Company may withhold or give such consent or approval in its absolute discretion, save where the Authority can demonstrate that the failure to give such consent or approval would have a material adverse effect in the context of all of the schools, subject to the PFI Project Agreement. 6.2.5 Subject to clause 6.2.4, the Authority shall not give any consent or approval to which this clause 6 applies if the Company shall in accordance with this clause 6 have notified the Authority that it is withholding its consent or approval.
Appears in 2 contracts
Samples: School Agreement, School Agreement
Authority; Consents. The parties agree that in relation to the PFI Project Agreement:
6.2.1 : the Authority shall not give any consent, approval or authorisation of matters concerning the Academy without the prior operation of the procedures set out in this clause Clause 6.2;
6.2.2 ; the Authority shall inform the Company of the decision it requires by when and shall provide any relevant information at its disposal to inform such a decision, following which the Company will ensure that the Company gives any consent, approval or other necessary response in accordance with the timescales within which the Authority has advised the Company it is required to act; and
6.2.3 and where the Company:
(a) : does not respond to the Authority in accordance with clause Clause 6.2.2, the Authority has discharged all obligations under this clause Clause 6.2 in respect of the relevant consent, approval or authorisation and shall be entitled to give such consent, approval or authorisation; or
(b) or does not give consent, the Company will provide full written details of its objections to the Authority within such time period as the Authority has advised it is required to act to enable the Authority to comply with its obligations under the PFI Project Documents.
6.2.4 . Without prejudice to clause Clause 26.3.4, the Company shall not be required to give any consent or approval sought by the Authority under clause Clause 6 or otherwise and the Company may withhold or give such consent or approval in its absolute discretion, save where the Authority can demonstrate that the failure to give such consent or approval would have a material adverse effect in the context of all of the schools, schools subject to the PFI Project Agreement.
6.2.5 Agreement. Subject to clause Clause 6.2.4, the Authority shall not give any consent or approval to which this clause Clause 6 applies if the Company shall shall, in accordance with this clause Clause 6 have notified the Authority that it is withholding its consent or approval. The Authority warrants and represents that the information set out in Schedule 3 Part 2 is correct in all material respects. Nothing in this Agreement shall be construed as a xxxxxx or restriction on the exercise of the Authority’s statutory functions and/or related rights including planning, education or highways functions. The Authority shall, from time to time, appoint a representative to exercise the functions and powers of the Authority in relation to the performance of this Agreement notifying the Company and DFE promptly of the identity of the relevant person. The Authority shall be entitled from time to time to amend the identity of its appointed representative by notice, in writing, to the Company and to DFE. The Company shall, from time to time, appoint a representative to exercise the functions and powers of the Company in relation to this Agreement notifying the Authority and DFE promptly of the identity of the relevant person. The Company shall be entitled from time to time to amend the identity of its appointed representative by notice, in writing, to the Authority and to DFE.
Appears in 1 contract
Samples: School Agreement
Authority; Consents. The parties agree that in relation to the PFI Project Agreement:
6.2.1 the Authority shall not give any consent, approval or authorisation of matters concerning the Academy without the prior operation of the procedures set out in this clause 6.2;
6.2.2 the Authority shall inform the Company of the decision it requires by when and shall provide any relevant information at its disposal to inform such a decision, following which the Company will ensure that the Company gives any consent, approval or other necessary response in accordance with the timescales within which the Authority has advised the Company it is required to act; and
6.2.3 where the Company:Company:
(a) does not respond to the Authority in accordance with clause 6.2.2, the Authority has discharged all obligations under this clause 6.2 in respect of the relevant consent, approval or authorisation and shall be entitled to give such consent, approval or authorisation; or
(b) does not give consent, the Company will provide full written details of its objections to the Authority within such time period as the Authority has advised it is required to act to enable the Authority to comply with its obligations under the PFI Project Documents.
6.2.4 Without prejudice to clause 26.3.4, the Company shall not be required to give any consent or approval sought by the Authority under clause 6 or otherwise and the Company may withhold or give such consent or approval in its absolute discretion, save where the Authority can demonstrate that the failure to give such consent or approval would have a material adverse effect in the context of all of the schools, subject to the PFI Project Agreement.
6.2.5 Subject to clause 6.2.4, the Authority shall not give any consent or approval to which this clause 6 applies if the Company shall in accordance with this clause 6 have notified the Authority that it is withholding its consent or approval.
Appears in 1 contract
Samples: School Agreement
Authority; Consents. The parties agree that in relation to the PFI Project Agreement:
6.2.1 the Authority shall not give any consent, approval or authorisation of matters concerning the Academy without the prior operation of the procedures set out in this clause Clause 6.2;
6.2.2 the Authority shall inform the Company and the Diocesan Trustees of the decision it requires by when and shall provide any relevant information at its disposal to inform such a decision, following which the Company and the Diocesan Trustees (acting jointly) will ensure that the Company gives and the Diocesan Trustees (acting reasonably and acting jointly) give any consent, approval or other necessary response in accordance with the timescales within which the Authority has advised the Company it is required to act; andand
6.2.3 where the Company:Company and the Diocesan Trustees (acting jointly):
(a) does do not respond to the Authority in accordance with clause Clause 6.2.2, the Authority has discharged all obligations under this clause Clause 6.2 in respect of the relevant consent, approval or authorisation and shall be entitled to give such consent, approval or authorisation; or
(b) does do not give consent, the Company and the Diocesan Trustees (acting jointly) will provide full written details of its their joint objections to the Authority within such time period as the Authority has advised it is required to act to enable the Authority to comply with its obligations under the PFI Project Documents.
6.2.4 Without prejudice to clause Clause 26.3.4, the Company and the Diocesan Trustees shall not be required to give any consent or approval sought by the Authority under clause Clause 6 or otherwise and the Company and the Diocesan Trustees may withhold or give such consent or approval in its their absolute discretion, save where the Authority can demonstrate that the failure to give such consent or approval would have a material adverse effect in the context of all of the schools, schools subject to the PFI Project Agreement.Agreement.
6.2.5 Subject to clause Clause 6.2.4, the Authority shall not give any consent or approval to which this clause Clause 6 applies if the Company shall and the Diocesan Trustees shall, in accordance with this clause Clause 6 have notified the Authority that it is they are jointly withholding its their consent or approval.
Appears in 1 contract
Samples: School Agreement
Authority; Consents. The parties agree that in relation to the PFI Project Agreement:
6.2.1 the Authority shall not give any consent, approval or authorisation of matters concerning the Academy without the prior operation of the procedures set out in this clause Clause 6.2;
6.2.2 the Authority shall inform the Company of the decision it requires by when and shall provide any relevant information at its disposal to inform such a decision, following which the Company will ensure that the Company gives any consent, approval or other necessary response in accordance with the timescales within which the Authority has advised the Company it is required to act; andand
6.2.3 where the Company:
(a) does not respond to the Authority in accordance with clause Clause 6.2.2, the Authority has discharged all obligations under this clause Clause 6.2 in respect of the relevant consent, approval or authorisation and shall be entitled to give such consent, approval or authorisation; or
(b) does not give consent, the Company will provide full written details of its objections to the Authority within such time period as the Authority has advised it is required to act to enable the Authority to comply with its obligations under the PFI Project Documents.
6.2.4 Without prejudice to clause Clause 26.3.4, the Company shall not be required to give any consent or approval sought by the Authority under clause Clause 6 or otherwise and the Company may withhold or give such consent or approval in its absolute discretion, save where the Authority can demonstrate that the failure to give such consent or approval would have a material adverse effect in the context of all of the schools, schools subject to the PFI Project Agreement.Agreement.
6.2.5 Subject to clause Clause 6.2.4, the Authority shall not give any consent or approval to which this clause Clause 6 applies if the Company shall shall, in accordance with this clause Clause 6 have notified the Authority that it is withholding its consent or approval.
Appears in 1 contract
Samples: School Agreement