Common use of STATUTORY RESPONSIBILITIES Clause in Contracts

STATUTORY RESPONSIBILITIES. Notwithstanding anything apparently to the contrary in this Agreement, in carrying out their statutory duties, the discretion of any Council shall not be fettered or otherwise affected by the terms of this Agreement. AS WITNESSED this Agreement has been executed as a Deed on the date written at the beginning of this Agreement in the presence of those stated. The Common Seal of CONWY COUNTY ) hereunto affixed in the presence of: - ) The Common Seal of DENBIGHSHIRE ) hereunto affixed in the presence of:- ) The Common Seal of FLINTSHIRE ) hereunto affixed in the presence of:- ) The Common Seal of GWYNEDD ) hereunto affixed in the presence of:- ) The Common Seal of THE ISLE OF ) hereunto affixed in the presence of:- ) The Common Seal of WREXHAM COUNTY ) hereunto affixed in the presence of:- ) [The Common Seal of BANGOR ) hereunto affixed in the presence of: - )] [The Common Seal of WREXHAM ) hereunto affixed in the presence of: - )] [The Common Seal of COLEG ) in the presence of: - )] [The Common Seal of GRWP ) affixed in the presence of: - )] Schedule 1‌ [NOTE: This will be further developed in GA2] 1. Approval of GA2 Yes 2. Approval and adoption of any Business Plans Yes 3. Approval and adoption of any updated Business Plans save to the extent any such update amounts to a material change to the prevailing Business Plan (in which case the decision to approve and adopt such updated Business Plan shall be a Matter Reserved to the Parties) Yes 4. Agreeing any increase to a Party's affordability envelope Yes 5. Approval of any increase to the Parties' Contribution Yes 6. Approval of any disproportionate Internal Costs pursuant to Clause 12.2.2 (Commitment of the Parties and Contributions) Yes 7. Approval of expenditure within the approved Annual Budget of the Accountable Body held on behalf of the Parties set out in Clause 12.4 (Annual Budget) Yes 8. Approval of the Annual Budget pursuant to Clause 12.4 (Annual Budget) Yes 9. Approval of additional expenditure over and above the approved Annual Budget of the Accountable Body held on behalf of the Parties set out in Clause 12.4 (Annual Budget) Yes 10. To approve from time to time the distribution of the Annual Budget as between the different programmes and projects agreed as part of any Growth Deal or the Regional Growth Strategy Yes 11. Entering into (or agreeing to enter into) any borrowing arrangement on behalf of the Joint Committee and/or giving any security in respect of any such borrowing Yes 12. Accepting terms and conditions in relation to any third party funding for the Growth Deal Yes 13. Replacement of the Accountable Body pursuant to Clause 4.2 Yes 14. Establishment of a sub-committee pursuant to this Agreement and determining their terms of reference and scope of delegation. Yes 15. Making any variations to or waiving any rights to or terminating any contracts signed by Parties / the Accountable Body (other than this Agreement) which are material to the Growth Deal. Yes 16. Amendments to the terms of this Agreement Yes 17. The engagement of (and terms of engagement of) any individual person where the value of the appointment does not exceed £25,000 per Accounting Period Yes 18. Commencing any claim, proceedings or other litigation brought by or settling or defending any claim, proceedings or other litigation brought against the Joint Committee or individual Party in relation to the Growth Deal, except in relation to debt collection in the ordinary course of business. Yes 19. Making any announcements or releases of whatever nature in relation to the Joint Committee and the Growth Deal Yes 20. Creation of a local authority trading company under Local Government Act 2003 Yes

STATUTORY RESPONSIBILITIES. Notwithstanding anything apparently to the contrary in this Agreement, in carrying out their statutory duties, the discretion of any Council shall not be fettered or otherwise affected by the terms of this Agreement. AS WITNESSED this Agreement has been executed as a Deed on the date written at the beginning of this Agreement in the presence of those stated. The Common Seal of CONWY COUNTY ) hereunto affixed in the presence of: - ) The Common Seal of DENBIGHSHIRE ) hereunto affixed in the presence of:- ) The Common Seal of FLINTSHIRE ) hereunto affixed in the presence of:- ) The Common Seal of GWYNEDD ) hereunto affixed in the presence of:- ) The Common Seal of THE ISLE OF ) hereunto affixed in the presence of:- ) The Common Seal of WREXHAM COUNTY ) hereunto affixed in the presence of:- ) [The Common Seal of BANGOR ) hereunto affixed in the presence of: - )] [The Common Seal of WREXHAM ) hereunto affixed in the presence of: - )] [The Common Seal of COLEG ) in the presence of: - )] [The Common Seal of GRWP ) affixed in the presence of: - )] Schedule 1‌ [NOTE: This will be further developed in GA2] 1. Approval of GA2 Yes 2. Approval and adoption of any Business Plans Yes 3. Approval and adoption of any updated Business Plans save to the extent any such update amounts to a material change to the prevailing Business Plan (in which case the decision to approve and adopt such updated Business Plan shall be a Matter Reserved to the Parties) Yes 4. Agreeing any increase to a Party's affordability envelope Yes 5. Approval of any increase to the Parties' Contribution Yes 6. Approval of any disproportionate Internal Costs pursuant to Clause 12.2.2 (Commitment of the Parties and Contributions) Yes 7. Approval of expenditure within the approved Annual Budget of the Accountable Body held on behalf of the Parties set out in Clause 12.4 (Annual Budget) Yes 8. Approval of the Annual Budget pursuant to Clause 12.4 (Annual Budget) Yes 9. Approval of additional expenditure over and above the approved Annual Budget of the Accountable Body held on behalf of the Parties set out in Clause 12.4 (Annual Budget) Yes 10. To approve from time to time the distribution of the Annual Budget as between the different programmes and projects agreed as part of any Growth Deal or the Regional Growth Strategy Yes 11. Entering into (or agreeing to enter into) any borrowing arrangement on behalf of the Joint Committee and/or giving any security in respect of any such borrowing Yes 12. Accepting terms and conditions in relation to any third party funding for the Growth Deal Yes 13. Replacement of the Accountable Body pursuant to Clause 4.2 Yes 14. Establishment of a sub-committee pursuant to this Agreement and determining their terms of reference and scope of delegation. Yes 15. Making any variations to or waiving any rights to or terminating any contracts signed by Parties / the Accountable Body (other than this Agreement) which are material to the Growth Deal. Yes 16. Amendments to the terms of this Agreement Yes 17. The engagement of (and terms of engagement of) any individual person where the value of the appointment does not exceed £25,000 per Accounting Period Yes 18. Commencing any claim, proceedings or other litigation brought by or settling or defending any claim, proceedings or other litigation brought against the Joint Committee or individual Party in relation to the Growth Deal, except in relation to debt collection in the ordinary course of business. Yes 19. Making any announcements or releases of whatever nature in relation to the Joint Committee and the Growth Deal Yes 20. Creation of a local authority trading company under Local Government Act 2003 Yes

STATUTORY RESPONSIBILITIES. 27.1 Notwithstanding anything apparently to the contrary in this Agreement, in carrying out their statutory duties, the discretion of any Council shall not be fettered or otherwise affected by the terms of this Agreement. AS WITNESSED the duly authorised representatives of the Councils have signed this Agreement has been executed as a Deed deed on the date written at the beginning of this Agreement in the presence of those stated. The Common Seal of CONWY COUNTY ) hereunto affixed in the presence of: - ) The Common Seal of DENBIGHSHIRE ) hereunto affixed in the presence of:- ) The Common Seal of FLINTSHIRE ) hereunto affixed in the presence of:- ) The Common Seal of GWYNEDD ) hereunto affixed in the presence of:- ) The Common Seal of THE ISLE OF ) hereunto affixed in the presence of:- ) The Common Seal of WREXHAM COUNTY ) hereunto affixed in the presence of:- ) [The Common Seal of BANGOR ) hereunto affixed in the presence of: - )] [The Common Seal of WREXHAM ) hereunto affixed in the presence of: - )] [The Common Seal of COLEG ) in the presence of: - )] [The Common Seal of GRWP ) affixed in the presence of: - )] Schedule 1‌ [NOTE: This will be further developed in GA2]Agreement. 1. Approval of GA2 YesRecommendation to procure remediation works on the Site  2. Approval and adoption Agreeing the final version of any Business Plans Yesthe Pre Qualification Questionnaire ("PQQ")  3. Approval Agreeing the form and adoption approving the issue of any updated Business Plans save to the extent any such update amounts to a material change to the prevailing Business Plan (in which case the decision to approve and adopt such updated Business Plan shall be a Matter Reserved to the Parties) YesOJEU Notice  4. Agreeing any increase to a Party's affordability envelope YesApprove the Evaluation Criteria and weightings for each of the Procurement Milestones  5. Approval Issuing the PQQ and organising any open days prior to return of any increase to the Parties' Contribution YesPQQs and expressions of interest.  6. Approval Evaluation and final agreement to long list of any disproportionate Internal Costs pursuant bidders to Clause 12.2.2 (Commitment of the Parties and Contributions) Yesgo through to ISOS stage  7. Approval of expenditure within the approved Annual Budget of the Accountable Body held on behalf of the Parties set out in Clause 12.4 (Annual Budget) YesISOS, ISDS, and ISRS and all accompanying documentation  8. Approval Evaluation and selection of Bidders to go to each stage of Competitive Dialogue Procedure  9. Decision to close Competitive Dialogue Procedure and issue the Call for Final Tenders  10. Review of final tenders and recommendation to Joint Committee  11. Review of final tenders and recommendation to each Council of the Annual Budget pursuant Preferred Bidder.  12. Appointment of the Preferred Bidder and decision to Clause 12.4 conclude the Project Agreement and the Second Joint Working Agreement (Annual Budgetie financial close) Yes 913. Preparing and issuing the Preferred Bidder letter  14. Execution of the Project Agreement and the Second Joint Working Agreement  15. Approval of additional expenditure over and above for the Project in excess of 5% of the approved Annual Budget of the Accountable Body held on behalf of the Parties set out in Clause 12.4 (Annual Budget) Yes 10. To approve from time to time the distribution of the Annual Budget as between the different programmes and projects agreed as part of any Growth Deal or the Regional Growth Strategy Yes 11. Entering into (or agreeing to enter into) any borrowing arrangement on behalf of the Joint Committee and/or giving any security in respect of any such borrowing Yes 12. Accepting terms and conditions in relation to any third party funding for the Growth Deal Yes 13. Replacement of the Accountable Body pursuant to Clause 4.2 Yes 14. Establishment of a sub-committee pursuant to this Agreement and determining their terms of reference and scope of delegation. Yes 15. Making any variations to or waiving any rights to or terminating any contracts signed by Parties / the Accountable Body (other than this Agreement) which are material to the Growth Deal. YesProject annual budget  16. Amendments to the terms of this Agreement Yes 17. The engagement of (and terms of engagement of) any individual person where the value of the appointment does not exceed £25,000 per Accounting Period Yes 18. Commencing any claim, proceedings or other litigation brought by or settling or defending any claim, proceedings or other litigation brought against the Joint Committee or individual Party in relation to the Growth Deal, except in relation to debt collection in the ordinary course of business. Yes 19. Making any announcements or releases of whatever nature in relation Reporting to the Joint Committee and as soon as Project Board become aware that estimated costs of the Growth Deal Yes 20Project likely to exceed Affordability Envelope  17. Creation Reporting to the each Council as soon as the Joint Committee become aware that estimated costs of a local authority trading company under Local Government Act 2003 Yesthe Project likely to exceed Affordability Envelope  18. Decision whether to proceed following receipt of report that estimated cost of the Project likely to exceed Affordability Envelope 