Paragraph 46 I1

In the event that either the undertaker or DCC (for the purpose of this paragraph 46 “the party” or together “the parties”) wishes to take any action which would impact on the ability of the undertaker to carry out the authorised development or DCC to carry out its statutory functions, the parties must use reasonable endeavours to cooperate with one another in order to align work streams so to minimise or avoid disruption to the other party’s works. In respect of the reference to ‘work’ and ‘works’ in this sub-paragraph (1), to the extent that this refers to ‘work’ or ‘works’ to be undertaken by DCC, the definition of works in paragraph 41 does not apply.

Subject to paragraph 47, differences or disputes arising between the undertaker and DCC under this Part of Schedule 11 must, unless otherwise agreed in writing between the undertaker and DCC, be determined by arbitration in accordance with article 42 (arbitration) of the Order.