No Entitlement to Withhold. The following matters shall not constitute sufficient grounds for the Scottish Ministers to assert that a Phase has not reached Substantial Completion nor to withhold the issuance of a Permit to Use:
25.3.1 delay to the Operations arising as a result of any Auchenkilns Defect notified to the Scottish Ministers during the Auchenkilns Defects Liability Period in respect of which the Scottish Ministers have made an election pursuant to Clause 9A.3; and/or
25.3.2 the Traffic Scotland communications system not being operational because, for reasons outwith the control of the Company:
(a) the equipment to be supplied by Traffic Scotland has not been provided on time which results in a delay to the Operations;
(b) the equipment to be supplied by Traffic Scotland is not provided to the appropriate specification; or
(c) the equipment to be supplied by Traffic Scotland has been tested and commissioned but the interface with existing Traffic Scotland equipment is not operational, provided always that the Company shall demonstrate to the Scottish Ministers’ satisfaction that the Phase is in a safe condition and is suitable for use prior to the issuance of a Permit to Use, which will include as a minimum the requirement that emergency telephones are available to road users.
