8.7 The parties intend to consult with each other with respect to the time for commencement and duration ("Timing") of any work on the Tekapo Canal that Genesis Energy considers necessary or desirable wholly or in part as a result of the condition of the Tekapo Canal at the Commencement Date if that work is likely to cause the Water Delivery Assets to be incapable of delivering the Pukaki Supply in accordance with clause 7 ("Canal Remediation Work").

8.8 If Genesis Energy is of the view that Canal Remediation Work is required, and has determined the scope of such work which it intends to commence within the following 9 months, Genesis Energy shall notify Meridian in writing ("Consultation Notice") and the parties shall promptly meet (and in any event within 10 days) and consult in good faith with a view to agreeing the optimal Timing for the proposed Canal Remediation Work.

8.9 Genesis Energy shall give Meridian at least four months' written notice of Genesis Energy's proposed Timing of any Canal Remediation Work, which notice shall be given not less than 30 days after the Consultation Notice. Genesis Energy shall propose the Timing which it considers optimal, acting reasonably and in accordance with Good Industry Practice, and in particular having regard to matters affecting the operation of the Water Delivery Assets and the consequences of remediation works including (without limitation) prudent asset and risk management, dam safety considerations, forecast South Island hydrology (including inflow sequences, storage availability and spill avoidance), construction methodology and seasonal constraints and the impact on and rights and obligations of Genesis Energy, Meridian and third parties. The parties each acknowledge that the undertaking of any Canal Remediation Work shall have, or is likely to have, an economic or financial impact on the operations of each party which is not able to be avoided.

8.10 The notice provided by Genesis Energy pursuant to clause 8.9 shall set out:

(a) the proposed Timing of the Canal Remediation Work; and

(b) Genesis Energy's reasons for such proposed Timing together with relevant supporting documentation (if any).

8.11 Meridian shall respond in writing within 30 days of its receipt of Genesis Energy's notice either giving or declining its consent to the Timing of such work. Meridian shall only decline its consent if:

(a) it considers on reasonable grounds that the Timing proposed in Genesis Energy's notice did not have due regard to the matters and consequences set out in clause 8.9, the reasons for such view to be set out in Meridian's written response; and

(b) Meridian proposes an alternative Timing for the relevant works (which shall be within 4 months of the Timing proposed by Genesis Energy).

If Meridian fails to respond within such 30 days then Meridian shall be deemed to have given its consent to the proposed Timing of the relevant work.

8.12 If Meridian declines its consent in accordance with clause 8.11, the parties shall meet and negotiate in good faith with a view to agreeing the optimal Timing of the Canal Remediation Work. If the parties fail to agree on the optimal Timing of any Canal Remediation Work within 10 Business Days of Meridian's written notice declining its consent, then that matter shall be referred to an expert who shall determine, in accordance with clause 15, whether or not the Timing proposed in Genesis Energy's notice had due regard (being reasonable and in accordance with Good Industry Practice) to the matters and consequences set out in clause 8.9 in proposing the Timing for the Canal Remediation Work pursuant to clause 8.9. If the expert determines that: