Common use of INTERIM ACTION Clause in Contracts

INTERIM ACTION. 8.1 Except with the prior written consent of the CMA, Bouygues and Equans shall not, prior to the Objective Third Party Assessor notifying the CMA, Bouygues and the Trustee of the results of its assessment pursuant to para. 2.2(c) above (such notification to be made after the date these undertakings are accepted by the CMA), take any action which would: (a) transfer the ownership or control of the Equans business (as a whole) or the Bouygues business (as a whole) or of any of their subsidiaries which are active, directly or indirectly, in supplying OCS products and/or services in Europe; (b) result in the withdrawal of the OCS Businesses’ tenders for the supply of high-speed OCS to HS2; or (c) otherwise impair the ability of the Equans business to compete independently in the supply of high-speed OCS in the UK. 8.2 Up until the Objective Third Party Assessor notifies the CMA, Bouygues and the Trustee of the results of its assessment pursuant to para. 2.2(c) above (such notification to be made after the date these undertakings are accepted by the CMA), Bouygues and Equans will actively keep the CMA informed of any material developments relating to the Equans or Bouygues OCS Businesses in Europe that relate to their bids for the HS2 OCS tender, which includes, but is not limited to: (a) details of Key Staff who leave or join the OCS Businesses; (b) any interruption of the Parties’ OCS Businesses (including without limitation its procurement, production, logistics, sales and employee relations arrangements) that has prevented it from operating in the ordinary course of business for more than 24 hours; (c) all substantial customer volumes lost by the Parties’ OCS Businesses; and (d) substantial changes in the Parties’ OCS Businesses’ contractual arrangements or relationships with key suppliers.

INTERIM ACTION. 8.1 8.2 Except with the prior written consent of the CMA, Bouygues and Equans shall not, prior to the Objective Third Party Assessor notifying the CMA, Bouygues and the Trustee of the results of its assessment pursuant to para. 2.2(c) above (such notification to be made after the date these undertakings are accepted by the CMA), take any action which would: (a) transfer the ownership or control of the Equans business (as a whole) or the Bouygues business (as a whole) or of any of their subsidiaries which are active, directly or indirectly, in supplying OCS products and/or and / or services in Europe; (b) result in the withdrawal of the OCS Businesses’ tenders for the supply of high-high- speed OCS to HS2; or (c) otherwise impair the ability of the Equans business to compete independently in the supply of high-speed OCS in the UK. 8.2 8.3 Up until the Objective Third Party Assessor notifies the CMA, Bouygues and the Trustee of the results of its assessment pursuant to para. 2.2(c) above (such notification to be made after the date these undertakings are accepted by the CMA), Bouygues and Equans will actively keep the CMA informed of any material developments relating to the Equans or Bouygues OCS Businesses in Europe that relate to their bids for the HS2 OCS tender, which includes, but is not limited to: (a) details of Key Staff who leave or join the OCS Businesses; (b) any interruption of the Parties’ OCS Businesses (including without limitation its procurement, production, logistics, sales and employee relations arrangements) that has prevented it from operating in the ordinary course of business for more than 24 hours;hours;‌ (c) all substantial customer volumes lost by the Parties’ OCS Businesses; and (d) substantial changes in the Parties’ OCS Businesses’ contractual arrangements or relationships with key suppliers.