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DATED 20TH JULY 2012

CONSULTANCY AGREEMENT

between

MARINE MANAGEMENT ORGANISATION


A NON DEPARTMENTAL PUBLIC BODY

and

PETER BARHAM ENVIRONMENT LTD


CONTENTS

CLAUSE
1. Interpretation ..................................................................................................... 1
2. Term of engagement .......................................................................................... 3
3. Duties ................................................................................................................. 4
4. Fees .................................................................................................................... 5
5. Expenses ............................................................................................................ 5
6. Other activities................................................................................................... 6
7. Confidential information and MMO property ................................................... 6
8. Data protection .................................................................................................. 7
8A. Freedom of Information............................................................................7
9. Intellectual property........................................................................................... 8
10. Insurance and liability.............................................................. ........................10
11. Termination ..................................................................................................... 11
12. Obligations upon termination .......................................................................... 12
13. Status ............................................................................................................... 12
14. Notices ............................................................................................................. 13
15. Entire agreement .............................................................................................. 13
16. Variation .......................................................................................................... 13
17. Counterparts .................................................................................................... 13
18. Third party rights ............................................................................................. 14
19. Governing law and jurisdiction ....................................................................... 14

SCHEDULE

SCHEDULE SERVICES ................................................................................................ 15


THIS AGREEMENT is dated 20th July 2012

PARTIES

(1) The Marine Management Organisation whose address is PO Box 1275 Newcastle
upon Tyne, NE99 5BN (―MMO‖).

(2) Peter Barham Environment Ltd (registered in England and Wales under number
06930362) whose registered office is situated at Wood View, Southwick Road,
Bulwick, United Kingdom. NN17 3DY ( the ―CONSULTANT‖)

1. INTERPRETATION

1.1 The definitions and rules of interpretation in this clause apply in this agreement
(unless the context requires otherwise).
Board: the management board of the MMO (including any committee of the board
duly appointed by it).

Business of the MMO: The MMO is an executive non departmental public body has
been established to make a significant contribution to sustainable development in the
marine area and to promote the UK’s vision for clean, healthy, safe, productive and
biologically diverse oceans and seas. The MMO is established and given powers
under the Marine and Coastal Access Act 2009. This ground-breaking act brings
together for the first time key marine decision-making powers and delivery
mechanisms.

Business Opportunities: any opportunities which the Consultant becomes aware of


during the Engagement which relate to the Business of the MMO or which the Board
reasonably considers might be of benefit to the MMO.
Capacity: as agent, consultant, director, employee, owner, partner, shareholder or in
any other capacity.
Commencement Date: 16th July 2012
Commercially Sensitive Information: means the information listed in the
Commercially Sensitive Information Schedule comprised of information–
(a) which is provided by the Contractor to the Authority in confidence for the
period set out in that Schedule, or
(b) that constitutes a trade secret;
MMO Property: all documents, books, manuals, materials, records, correspondence,
papers and information (on whatever media and wherever located) relating to the
Business or affairs of the MMO or its customers and business contacts, and any
equipment, keys, hardware or software provided for the Consultant’s use by the
MMO during the Engagement, and any data or documents (including copies)

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produced, maintained or stored by the Consultant on the computer systems or other
electronic equipment of the MMO or Consultant during the Engagement.
Confidential Information: information in whatever form (including without
limitation, in written, oral, visual or electronic form or on any magnetic or optical
disk or memory and wherever located) relating to the business, customers, products,
affairs and finances of the MMO for the time being confidential to the MMO and
trade secrets including, without limitation, technical data and know-how relating to
the Business of the MMO or any of its suppliers, customers, agents, distributors,
shareholders, management or business contacts, including in particular (by way of
illustration only and without limitation) and including (but not limited to) information
that the Consultant creates, develops, receives or obtains in connection with this
Engagement, whether or not such information (if in anything other than oral form) is
marked confidential.
Engagement: the engagement of the Consultant by the MMO on the terms of this
agreement.
Environmental Information Regulations: means the Environmental Information
Regulations 2004 (SI 2004/3391) and any guidance or codes of practice issued by the
Information Commissioner or relevant government department in relation to such
regulations;
FOIA: means the Freedom of Information Act 2000 and any subordinate legislation
made under that Act from time to time together with any guidance and/or codes of
practice issued by the Information Commissioner or relevant government department
in relation to such legislation;
Insurance Policies: commercial general liability insurance cover, employer's liability
insurance cover professional indemnity insurance cover and public liability insurance
cover.
Intellectual Property Rights: patents, rights to Inventions, copyright and related
rights, trademarks, trade names and domain names, rights in get-up, rights in
goodwill or to sue for passing off, rights in designs, rights in computer software,
database rights, rights in confidential information (including know-how and trade
secrets) and any other intellectual property rights, in each case whether registered or
unregistered and including all applications (or rights to apply) for, and renewals or
extensions of, such rights and all similar or equivalent rights or forms of protection
which may now or in the future subsist in any part of the world.
Invention: any invention, idea, discovery, development, improvement or innovation
made by the Consultant in connection with the provision of the Services, whether or
not patentable or capable of registration, and whether or not recorded in any medium.
Pre-Contractual Statement: any undertaking, promise, assurance, statement,
representation, warranty or understanding (whether in writing or not) of any person
(whether party to this agreement or not) relating to the Engagement other than as
expressly set out in this agreement or any documents referred to in it.

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Request for Information: means a request for information under the FOIA or the
Environmental Information Regulations;
Services: the services described in the Schedule.
Substitute: a substitute for the Consultant appointed.
Termination Date: the date of termination of this agreement, however arising.
Works: all records, reports, documents, papers, drawings, designs, transparencies,
photos, graphics, logos, typographical arrangements, software programs, inventions,
ideas, discoveries, developments, improvements or innovations and all materials
embodying them in whatever form, including but not limited to hard copy and
electronic form, prepared by the Consultant in connection with the provision of the
Services.

1.2 The headings in this agreement are inserted for convenience only and shall not
affect its construction.

1.3 A reference to a particular law is a reference to it as it is in force for the time being
taking account of any amendment, extension, or re-enactment and includes any
subordinate legislation for the time being in force made under it.

1.4 Unless the context otherwise requires, a reference to one gender shall include a
reference to the other genders.

1.5 Unless the context otherwise requires, words in the singular include the plural and
in the plural include the singular.

1.6 The Schedules to this agreement form part of (and are incorporated into) this
agreement.

2. TERM OF ENGAGEMENT

2.1 The MMO shall engage the Consultant and the Consultant shall provide the
Services on the terms of this agreement.

2.2 The Engagement shall commence on the Commencement Date and shall continue
unless and until terminated:
(a) as provided by the terms of this agreement; or
(b) by either party giving to the other not less than four (4) weeks' prior written
notice.

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3. DUTIES

3.1 During the Engagement the Consultant shall:


(a) provide the Services with all due care, skill and ability and use his best
endeavours to promote the interests of the MMO
(b) unless prevented by ill health or accident, devote up to the equivalent of
Redacted excluding VAT (time and expenses) to the carrying out of the
Services together with such additional time if any as may be necessary for
their proper performance; and
(c) promptly give to the Board all such information and reports as it may
reasonably require in connection with matters relating to the provision of
the Services or the Business of the MMO.

3.2 For the avoidance of doubt, no fee shall be payable in accordance with clause 4 in
respect of any period during which the Services are not provided.

3.3 The Consultant shall use all reasonable endeavours to ensure that he is available at
all times on reasonable notice to provide such assistance or information as the
MMO may require.

3.4 Unless it or he has been specifically authorised to do so by the MMO in writing:


(a) the Consultant will not have any authority to incur any expenditure in the
name of or for the account of the MMO; and
(b) shall not, hold itself out as having authority to bind the MMO.

3.5 The Consultant shall comply with all reasonable standards of safety and comply
with the MMO's health and safety procedures from time to time in force at the
premises where the Services are provided and report to the MMO any unsafe
working conditions or practices.

3.6 The Consultant undertakes to the MMO that during the Engagement it shall, take
all reasonable steps to offer (or cause to be offered) to the MMO any Business
Opportunities as soon as practicable after the same shall have come to its or his
knowledge and in any event before the same shall have been offered by the
Consultant to be offered to any other party.

3.7 The Consultant may use a third party to perform any administrative, clerical or
secretarial functions which are reasonably incidental to the provision of the
Services provided that:
(a) the MMO will not be liable to bear the cost of such functions; and

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(b) at the MMO's request the third party shall be required to enter into direct
undertakings with the MMO, including with regard to confidentiality.

3.8 The Consultant shall:


(a) comply with all applicable laws, regulations, codes and sanctions relating to
anti-bribery and anti-corruption including but not limited to the Bribery Act
2010 (Relevant Requirements);
(b) not engage in any activity, practice or conduct which would constitute an
offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity,
practice or conduct had been carried out in the UK;
(c) comply with the MMO’s Policies in each case as they may update them
from time to time (Relevant Policies);
(d) have and shall maintain in place throughout the term of this agreement its
own policies and procedures, including but not limited to adequate
procedures under the Bribery Act 2010, to ensure compliance with the
Relevant Requirements, the Relevant Policies and clause 3.8(b), and will
enforce them where appropriate;
(e) immediately notify the MMO if a foreign public official becomes an officer
or employee of the Consultant or acquires a direct or indirect interest in the
Consultant’s business ;
(f) ensure that all persons associated with the Consultant or other persons who
are performing services in connection with this agreement comply with this
clause 3.8; and

3.9 Breach of clause 3.8 shall be deemed a material breach of this agreement.

3.10 For the purpose of clause 3.8, the meaning of adequate procedures and foreign
public official and whether a person is associated with another person shall be
determined in accordance with section 7(2) of the Bribery Act 2010 (and any
guidance issued under section 9 of that Act), sections 6(5) and 6(6) of that Act and
section 8 of that Act respectively. For the purposes of clause 3.8 a person
associated with the Consultant includes but is not limited to any Substitute.

4. FEES

4.1 The MMO shall pay the Consultant a fee of up to a ceiling of Redacted (exclusive
of VAT). For the avoidance of doubt the limit of liability must not be exceeded
without prior written approval from the MMO Finance and Procurement Unit.

4.2 On the last working day of each agreed milestone during the Engagement the
Consultant shall submit to the MMO an invoice which gives details of the hours

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which the he has worked, the Services provided and the amount of the fee payable
for the Services during that month.

4.3 In consideration of the provision of the Services, the MMO shall pay each invoice
submitted by the Consultant accordance with clause 4.1, within thirty (30) days of
receipt.

4.4 The MMO shall be entitled to deduct from the fees (and any other sums) due to
the Consultant any sums that the Consultant may owe to the MMO for any reason
under any other agreement that may exist at any time.

4.5 Payment in full or in part of the fees claimed under clause 4 shall be without
prejudice to any claims or rights of the MMO against the Consultant in respect of
the provision of the Services.

5. EXPENSES

5.1 The Consultant shall bear its own expenses incurred in the course of the
Engagement.

6. OTHER ACTIVITIES

Nothing in this agreement shall prevent the Consultant from being engaged,
concerned or having any financial interest in any Capacity in any other business,
trade, profession or occupation during the Engagement provided that:
(a) such activity does not cause a breach of any of the Consultant's obligations
under this agreement;
(b) the Consultant shall not, engage in any such activity if it relates to a
business which is similar to or in any way competitive with the Business of
the without the prior written consent of the MMO; and
(c) the Consultant shall give priority to the provision of the Services to the
MMO over any other business activities undertaken by it during the course
of the Engagement.

7. CONFIDENTIAL INFORMATION AND MMO PROPERTY

7.1 The Consultant acknowledges that in the course of the Engagement it will have
access to Confidential Information. The Consultant has therefore agreed to accept
the restrictions in this clause 7.

7.2 The Consultant shall not, (except in the proper course of its or his duties), either
during the Engagement or at any time after the Termination Date, use or disclose

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to any third party (and shall use its best endeavours to prevent the publication and
disclosure of) any Confidential Information. This restriction does not apply to:
(a) any use or disclosure authorised by the MMO or required by law; or
(b) any information which is already in, or comes into, the public domain
otherwise than through the Consultant’s unauthorised disclosure.

7.3 At any stage during the Engagement, the Consultant will promptly on request
return to the MMO all and any MMO Property in its possession.

8. DATA PROTECTION

8.1 The Consultant consents to the MMO holding and processing data relating to him
for legal, personnel, administrative and management purposes and in particular to
the processing of any "sensitive personal data" (as defined in the Data Protection
Act 1998) relating to the Consultant provided in consequence of the provision of
the Services.

8.2 The Consultant consents to the MMO making such information available to those
who provide products or services to the MMO such as advisers, regulatory
authorities, governmental or quasi governmental organisations and potential
purchasers of the MMO or any part of its business.

8.3 The Consultant consents to the transfer of such information to the MMO’s
business contacts outside the European Economic Area in order to further its
business interests.

8A. FREEDOM OF INFORMATION

8A.1 The Consultant acknowledges that the Authority is subject to the requirements of the
FOIA and the Environmental Information Regulations and must assist and cooperate
with the Authority to enable the Authority to comply with its Information disclosure
obligations.

8A.2 The Consultant must—


(a) transfer to the Authority all Requests for Information that it receives as soon
as practicable and, within two Working Days of receiving a Request for
Information;
(b) where requested by the Authority, provide the Authority with a copy of all
Information in its possession or power in the form that the Authority
requires within five (5) Working Days (or such other period as the Authority
may specify); and

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(c) provide all necessary assistance as reasonably requested by the Authority to
enable the Authority to respond to the Request for Information within the
time for compliance set out in section 10 of the FOIA or regulation 5 of the
Environmental Information Regulations.

8A.3 The Authority is responsible for determining in its absolute discretion and
notwithstanding any other provision in this Contract or any other agreement whether
the Commercially Sensitive Information or any other Information is exempt from
disclosure in accordance with the provisions of the FOIA or the Environmental
Information Regulations.

8A.4 The Consultant must not respond directly to a Request for Information unless expressly
authorised to do so by the Authority.

8A.5 The Consultant acknowledges that (notwithstanding the provisions of clause 13


(Confidential Information)) the Authority may be obliged under the FOIA or the
Environmental Information Regulations to disclose information concerning the
Consultant or the Services in certain circumstances—
(d) without consulting the Consultant; or
(e) following consultation with the Consultant and having taken its views into
account;
provided always that, where clause 14.5(a) applies, the Authority must, in accordance
with any recommendations of the Codes of Practice under the FOIA or the
Environmental Information Regulations take reasonable steps to give the Consultant
advance notice, or failing that, to draw the disclosure to the Consultant’s attention
after any such disclosure.

8A.6 The Consultant must ensure that all Information is retained for disclosure and shall
permit the Authority to inspect such records as requested from time to time.

8A.7 The Consultant acknowledges that the Commercially Sensitive Information listed in
the Commercially Sensitive Information Schedule is of indicative value only and that
the Authority may be obliged to disclose it in accordance with clause 8A.

8A.8 The Authority is not liable for any loss, damage, harm or other detriment suffered by
the Contractor arising from the disclosure of any Information falling within the scope
of the FOIA or the Environmental Information Regulations.

9. INTELLECTUAL PROPERTY

9.1 The Consultant warrants to the MMO that it has obtained a written and valid
assignment of all existing and future Intellectual Property Rights in the Works and

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of all materials embodying such rights and a written irrevocable waiver of all the
Consultants statutory moral rights in the Works, to the fullest extent permissible
by law.

9.2 The Consultant hereby assigns to the MMO all existing and future Intellectual
Property Rights in the Works and the Inventions and all materials embodying
these rights to the fullest extent permitted by law. Insofar as they do not vest
automatically by operation of law or under this agreement, the Consultant holds
legal title in these rights and inventions on trust for the MMO.

9.3 The Consultant undertakes to the MMO:


(a) to notify to the MMO in writing full details of all Inventions promptly on
their creation;
(b) to keep confidential the details of all Inventions;
(c) whenever requested to do so by the MMO and in any event on the
termination of the Engagement, promptly to deliver to the MMO all
correspondence, documents, papers and records on all media (and all copies
or abstracts of them), recording or relating to any part of the Works and the
process of their creation which are in its or the Consultant’s possession,
custody or power;
(d) not to register nor attempt to register any of the Intellectual Property Rights
in the Works, nor any of the Inventions, unless requested to do so by the
MMO; and
(e) to do all acts necessary to confirm that absolute title in all Intellectual
Property Rights in the Works and the Inventions has passed, or will pass, to
the MMO,

9.4 The Consultant warrants that:


(a) it has not given and will not give permission to any third party to use any of
the Works or the Inventions, nor any of the Intellectual Property Rights in
the Works;
(b) it is unaware of any use by any third party of any of the Works or
Intellectual Property Rights in the Works; and
(c) the use of the Works or the Intellectual Property Rights in the Works by the
MMO will not infringe the rights of any third party,

9.5 The Consultant agrees to indemnify the MMO and keep it indemnified at all times
against all or any costs, claims, damages or expenses incurred by the MMO, or for
which the MMO may become liable, with respect to any intellectual property
infringement claim or other claim relating to the Works or Inventions supplied by
the Consultant to the MMO during the course of providing the Services. The
Consultant shall maintain adequate liability insurance coverage and ensure that the

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MMO's interest is noted on the policy, and shall supply a copy of the policy to the
MMO on request. The MMO may at its option satisfy such indemnity (in whole or
in part) by way of deduction from any payments due to the Consultant.

9.6 The Consultant waives any moral rights in the Works to which it is now or may at
any future time be entitled under Chapter IV of the Copyright Designs and Patents
Act 1988 or any similar provisions of law in any jurisdiction, including (but
without limitation) the right to be identified, the right of integrity and the right
against false attribution, and agrees not to institute, support, maintain or permit
any action or claim to the effect that any treatment, exploitation or use of such
Works or other materials, infringes the Consultant's moral rights.

9.7 The Consultant acknowledges that no further remuneration or compensation other


than that provided for in this agreement is or may become due to the Consultant in
respect of the performance of its obligations under this clause 9.

9.8 The Consultant undertakes to execute all documents, make all applications, give
all assistance and do all acts and things, at the expense of the MMO and at any
time either during or after the Engagement, as may, in the opinion of the MMO, be
necessary or desirable to vest the Intellectual Property Rights in, and register or
obtain patents or registered designs in, the name of the MMO and to defend the
MMO against claims that works embodying Intellectual Property Rights or
Inventions infringe third party rights, and otherwise to protect and maintain the
Intellectual Property Rights in the Works.

9.9 The Consultant irrevocably appoints the MMO to be its attorney to execute and do
any such instrument or thing and generally to use its name for the purpose of
giving the MMO or its nominee the benefit of this clause 9.

10. INSURANCE AND LIABILITY

10.1 The Consultant shall have liability for and shall indemnify the MMO for any loss,
liability, costs (including reasonable legal costs), damages or expenses arising
from any breach by the Consultant of the terms of this agreement including any
negligent or reckless act, omission or default in the provision of the Services and
shall accordingly maintain in force during the Engagement full and comprehensive
Insurance Policies.

10.2 The Consultant shall ensure that the Insurance Policies are taken out with
reputable insurers acceptable to the MMO and that the level of cover and other
terms of insurance are acceptable to and agreed by the MMO.

10.3 The Consultant shall on request supply to the MMO copies of the Insurance
Policies and evidence that the relevant premiums have been paid.

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10.4 The Consultant shall comply with all terms and conditions of the Insurance
Policies at all times. If cover under the Insurance Policies shall lapse or not be
renewed or be changed in any material way or if the Consultant is aware of any
reason why the cover under the Insurance Policies may lapse or not be renewed or
be changed in any material way, the Consultant shall notify the MMO without
delay.

11. TERMINATION

11.1 Notwithstanding the provisions of clause 2.2, the MMO may terminate the
Engagement with immediate effect without notice and without any liability to
make any further payment to the Consultant (other than in respect of amounts
accrued before the Termination Date) if at any time:
(a) the Consultant commits any gross misconduct affecting the Business of the
MMO;
(b) the Consultant commits any serious or repeated breach or non-observance of
any of the provisions of this agreement or refuses or neglects to comply
with any reasonable and lawful directions of the MMO;
(c) is convicted of any criminal offence (other than an offence under any road
traffic legislation in the United Kingdom or elsewhere for which a fine or
non-custodial penalty is imposed); or
(d) the Consultant is, in the reasonable opinion of the Board, negligent or
incompetent in the performance of the Services;
(e) the Consultant is declared bankrupt or makes any arrangement with or for
the benefit of his creditors or has a county court administration order made
against him under the County Court Act 1984;
(f) the Consultant makes a resolution for its winding up, makes an arrangement
or composition with its creditors or makes an application to a court of
competent jurisdiction for protection from its creditors or an administration
or winding-up order is made or an administrator or receiver is appointed in
relation to the Consultant;
(g) the Consultant commits any fraud or dishonesty or acts in any manner
which in the opinion of the MMO brings or is likely to bring, the Consultant
or the MMO into disrepute or is materially adverse to the interests of the
MMO; or
(h) the Consultant commits any breach of the MMO's anti-corruption and
bribery policy or offence under the Bribery Act 2010.

11.2 The rights of the MMO under clause 11.1 are without prejudice to any other rights
that it might have at law to terminate the Engagement or to accept any breach of
this agreement on the part of the Consultant as having brought the agreement to an

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end. Any delay by the MMO in exercising its rights to terminate shall not
constitute a waiver of these rights.

12. OBLIGATIONS UPON TERMINATION

On the Termination Date the Consultant shall:


(a) immediately deliver to the MMO all MMO Property which is in its or his
possession or under its or his control;
(b) irretrievably delete any information relating to the Business of the MMO
stored on any magnetic or optical disk or memory and all matter derived
from such sources which is in its or his possession or under its or his control
outside the premises of the MMO; and
(c) provide a signed statement that it or he has complied fully with its or his
obligations under this clause 12.

13. STATUS

13.1 The relationship of the Consultant to the MMO will be that of independent
contractor and nothing in this agreement shall render it an employee, worker,
agent or partner of the MMO and the Consultant shall not hold itself out as such.

13.2 This agreement constitutes a contract for the provision of services and not a
contract of employment and accordingly the Consultant shall be fully responsible
for and shall indemnify the MMO for and in respect of:
(a) any income tax, national insurance and social security contributions and any
other liability, deduction, contribution, assessment or claim arising from or
made in connection with either the performance of the Services or any
payment or benefit received by the Consultant in respect of the Services,
where such recovery is not prohibited by law. The Consultant shall further
indemnify the MMO against all reasonable costs, expenses and any penalty,
fine or interest incurred or payable by the MMO in connection with or in
consequence of any such liability, deduction, contribution, assessment or
claim;
(b) any liability arising from any employment-related claim or any claim based
on worker status (including reasonable costs and expenses) brought by any
Substitute against the MMO arising out of or in connection with the
provision of the Services.

13.3 The MMO may at its option satisfy the indemnity (in whole or in part) by way of
deduction from payments due to the Consultant.

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14. NOTICES

14.1 Any notice given under this agreement shall be in writing and signed by or on
behalf of the party giving it and shall be served by delivering it personally, or
sending it by pre-paid recorded delivery or registered post to the relevant party at
its registered office for the time being or by sending it by fax to the fax number
notified by the relevant party to the other party. Any such notice shall be deemed
to have been received:
(a) if delivered personally, at the time of delivery;
(b) in the case of pre-paid recorded delivery or registered post, 48 hours from
the date of posting;
(c) in the case of fax, at the time of transmission.

14.2 In proving such service it shall be sufficient to prove that the envelope containing
such notice was addressed to the address of the relevant party and delivered either
to that address or into the custody of the postal authorities as a pre-paid recorded
delivery or registered post or that the notice was transmitted by fax to the fax
number of the relevant party.

15. ENTIRE AGREEMENT

Each party on behalf of itself acknowledges and agrees with the other party that:
(a) this agreement together with any documents referred to in it constitute the
entire agreement and understanding between the Consultant and the MMO
and supersedes any previous agreement between them relating to the
Engagement (which shall be deemed to have been terminated by mutual
consent); and
(b) in entering into this agreement neither party has relied on any Pre-
Contractual Statement.

16. VARIATION

No variation of this agreement or of any of the documents referred to in it shall be


valid unless it is in writing and signed by or on behalf of each of the parties.

17. COUNTERPARTS

This agreement may be executed in any number of counterparts, each of which, when
executed and delivered, shall be an original, and all the counterparts together shall
constitute one and the same instrument.

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18. THIRD PARTY RIGHTS

18.1 Except as expressly provided elsewhere in this agreement, a person who is not a
party to this agreement shall not have any rights under the Contracts (Rights of
Third Parties) Act 1999 to enforce any term of this agreement.

18.2 The rights of the parties to terminate, rescind or agree any variation, waiver or
settlement under this agreement is not subject to the consent of any person that is
not a party to this agreement.

19. GOVERNING LAW AND JURISDICTION

19.1 This agreement and any dispute or claim arising out of or in connection with it or
its subject matter or formation (including non-contractual disputes or claims) shall
be governed by and construed in accordance with English law.

19.2 The parties irrevocably agree that the courts of England and Wales shall have
exclusive jurisdiction to settle any dispute or claim that arises out of or in
connection with this agreement or its subject matter or formation (including non-
contractual disputes or claims).

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Schedule Services

Aim and Objectives

Aim
The aim of this work is to develop processes and guidance for a fast track licensing system.

Objectives
The key objectives are:
1. Development of processes for a fast track system. This should cover the following:
a. Criteria to assess whether an application can be considered under the fast
track system
b. Processes for determining an application within a fast track system
c. Processes for escalating an application out of the fast track system should it
be necessary
2. Development of associated internal and external guidance.
3. Facilitation of discussions with primary advisors and stakeholders to ensure common
agreement with the process.

Outputs
The contractor will deliver the following:
1. A report setting out:
a. the criteria for screening applications into the fast track process
b. The processes for determining an application within the fast track process.
c. The processes for escalating an application out of the fast track system should
it be necessary
d. The rationale behind all the above processes.
The report will be prepared as a draft for discussion with MMO in the second week of
November 2012 and to be signed off at the end of the contract – end of November 2012.

2. Facilitation of a workshop to consult key stakeholders - to be held in mid-October


2012
3. Internal desk instructions – to be prepared in November 2012
4. External guidance – to be prepared in November 2012
5. Agreements in principle with Natural England, JNCC, English Heritage and
Environment Agency – to be prepared by November 2012

Payment

Milestone payments will be made on acceptance of specified outputs and completion of other
programmed objectives as follows:

Receive and collation of completed proformas (30%)


On completion of stakeholder workshop (30%)
Submission of final report and outputs (40%)

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Signed by [NAME] .......................................
for and on behalf of MMO Director

Signed by [NAME] .......................................


for and on behalf of CONSULTANT Director

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