Common use of Planning Permission Clause in Contracts

Planning Permission. 5.1 In the event the Phase 1 PARCA Works Report or Phase 2 PARCA Works identify a need for NGG to obtain Planning Permission in relation to reinforcement works NGG shall undertake those works necessary and submit an application for Planning Permission as soon as reasonably practicable after the date on which the Reservation Party has complied with its obligations under Clauses 3.1.1 and 3.1.2. 5.2 NGG shall: 5.2.1 use all reasonable but commercially prudent endeavours; and 5.2.2 act in accordance with the standards of a Reasonable and Prudent Operator, to obtain any such Planning Permission on terms reasonably satisfactory to NGG. 5.3 Where pursuant to Clause 5.1 NGG made an application for a Planning Permission and has complied with Clause 5.2 but fails to obtain such Planning Permission in the first instance on reasonably satisfactory terms, the Reservation Party shall remain liable for the PARCA Termination Amount in the event NGG terminates the Agreement in accordance with Clause 13.1.1(b). 5.4 Where pursuant to Clause 5.1 NGG made an application for a Planning Permission and has not complied with Clause 5.2 and fails to obtain such Planning Permission in the first instance on reasonably satisfactory terms, the Reservation Party shall not be liable for the PARCA Termination Amount in the event NGG terminates the Agreement in accordance with Clause 13.1.1(b). 5.5 Where NGG fails to obtain any Planning Permission in the first instance on reasonably satisfactory terms, NGG shall meet the Reservation Party as soon as reasonably practicable to discuss in good faith available options prior to termination under Clause 13.1.1(b), and both Parties shall use their respective reasonable endeavours to agree an alternative proposal acceptable to both Parties. 5.6 In the event the Reservation Party needs to obtain Planning Permission for works to be undertaken by it the Reservation Party shall submit an application for Planning Permission; and following the receipt of such Planning Permission the Reservation Party shall promptly provide NGG with evidence of having obtained the Planning Permission. 5.7 A Party submitting an application for Planning Permission shall notify the other Party of: 5.7.1 the submission of the application for Planning Permission; 5.7.2 the progress of the application for Planning Permission and all material issues arising in relation to the application; and 5.7.3 the granting or refusal of Planning Permission and the terms on which the grant or refusal was made.

Planning Permission. 5.1 In the event the Phase 1 PARCA Works Report or Phase 2 PARCA Works identify a need for NGG to obtain Planning Permission in relation to reinforcement works NGG shall undertake those works necessary and submit an application for Planning Permission as soon as reasonably practicable after the date on which the Reservation Party has complied provides Acceptable Security to NGG in accordance with its obligations under Clauses 3.1.1 and 3.1.2Clause 3.1. 5.2 NGG shall: 5.2.1 use all reasonable but commercially prudent endeavours; and 5.2.2 act in accordance with the standards of a Reasonable and Prudent Operator, to obtain any such Planning Permission on terms reasonably satisfactory to NGG. 5.3 Where pursuant to Clause 5.1 NGG made an application for a Planning Permission, has used reasonable endeavours to obtain such Planning Permission and has complied with Clause 5.2 on satisfactory terms but fails to obtain such Planning Permission in the first instance on reasonably satisfactory terms, the Reservation Party shall remain liable for the PARCA Termination Amount in the event NGG terminates the Agreement in accordance with Clause 13.1.1(b). 5.4 5.3 Where pursuant to Clause 5.1 NGG made an application for a Planning Permission and Permission, has not complied with Clause 5.2 used reasonable endeavours to obtain such Planning Permission on satisfactory terms and fails to obtain such Planning Permission in the first instance on reasonably satisfactory terms, the Reservation Party shall not be liable for the PARCA Termination Amount in the event NGG terminates the Agreement in accordance with Clause 13.1.1(b). 5.5 Where 5.4 Notwithstanding NGG’s right of termination pursuant to Clause 13.1.1(b), where NGG fails to obtain any Planning Permission in the first instance on reasonably satisfactory terms, terms NGG shall meet use reasonable endeavours to discuss available options with the Reservation Party as soon as reasonably practicable to discuss in good faith available options prior to termination under Clause 13.1.1(b), and both Parties shall use their respective reasonable endeavours to agree an alternative proposal acceptable to both Partiestermination. 5.6 5.5 In the event the Reservation Party needs to obtain Planning Permission for works to be undertaken by it the Reservation Party shall submit an application for Planning Permission; and following the receipt of such Planning Permission the Reservation Party shall promptly provide NGG with evidence of having obtained the Planning Permission. 5.7 5.6 A Party submitting an application for Planning Permission shall notify the other Party of: 5.7.1 5.6.1 the submission of the application for Planning Permission; 5.7.2 5.6.2 the progress of the application for Planning Permission and all material issues arising in relation to the application; and 5.7.3 5.6.3 the granting or refusal of Planning Permission and the terms on which the grant or refusal was made.