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written notice confirms the Planning Permission is a Relevant Planning Permission the Relevant Planning Permission shall be deemed obtained for the purposes of the Agreement on the date of such notice.
4.2 For the avoidance of doubt if no confirmation is given by the Promoter pursuant to paragraph 4.1 hereof then the Promoter shall be deemed to have confirmed that the Planning Permission is a Relevant Planning Permission and Relevant Planning Permission will be deemed obtained on the twenty first (21st) Working Day after the Promoter’s receipt of the Planning Permission.
4.3 Within twenty (20) Working Days of receipt of a written notification of a Planning Refusal from the local planning authority or from the Secretary of State the Promoter shall notify the Owner of the same in writing.
4.4 If the Promoter determines that there has been a Planning Refusal it shall notify the Owner in writing within twenty (20) Working Days of the receipt thereof after which the provisions of paragraph 6 of this Schedule shall apply.
5 TVG AND COMPULSORY PURCHASE
5.1 The Owner shall as soon as possible following receipt of the same provide the Promoter with copies of notices received and shall co-operate in providing such information and giving any assistance to the Promoter in connection with a TVG and/or in connection with any proposal to make a compulsory purchase order and any proceedings in connection with a compulsory purchase order and will at all times at the request of the Promoter support the Promoter in pursuing objections to a TVG and/or compulsory purchase order provided that the Promoter indemnifies the Owner in respect of any costs reasonably and properly incurred and that to do so is in compliance with the Objectives.
5.2 Where the Property is already fenced and/or gated the Owner will use reasonable endeavours to keep the Property fenced and any gates locked and will maintain the same and take reasonable actions to prevent a TVG in accordance with the Commons Act which actions (if necessary) shall include the erection of notices preventing use of the Property by any persons other than the Owner and any authorised tenant.
5.3 Where the Property is not already fenced and/or gated the Owner shall take all reasonable precautions (including where appropriate in the circumstances fencing) and will take reasonable actions to prevent a TVG which actions (if necessary) may include the erection of notices preventing use of the Property by any person other than the Owner and any authorised tenant provided that the Promoter indemnifies the Owner in respect of any costs reasonably and properly incurred by the Owner pursuant to this paragraph 5.3.
5.4 The Owner will (upon becoming aware of the same) report any use referred to in paragraphs 5.2 and 5.3 above and the Owner and the
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