APPENDIX 2 Normal Working Hours

1.  Subject to paragraphs 3 to 5 below, Project Co shall carry out Programmed Maintenance at the Facilities during the hours of ∙ to ∙ from Monday to Friday ("Normal Working Hours").

2.  Project Co may, with the consent of the Board (which consent shall not be unreasonably withheld) carry out Maintenance Works outside the Normal Working Hours provided always that it shall take into account:

(i)  the likely disturbance to the Board, its staff and patients within the immediate area where the Maintenance Works are to be undertaken;

(ii)  the likely disturbance to adjacent areas, the Board, its staff and patients in those adjacent areas that may be affected by the Maintenance Works to be undertaken in the area(s) identified in (i) above; and 

(iii)  compliance with the Law.

3.  Subject to paragraph 4, Project Co shall have access to the Facilities during the hours of operation to the areas set out in and in accordance with Table B below ("Hours of Operation") to carry out Programmed Maintenance.

Table B34

4.  Where Project Co requires access to an area of the Facilities during the Hours of Operation, Project Co will consult with and obtain the consent of the member of personnel in charge of a department ("Head of Department") concerning dates, times and periods during which Programmed Maintenance is to be undertaken in those departments so as to minimise disruption to those departments.

5.  The Board may request Project Co to carry out Programmed Maintenance outside the Board's Normal Working Hours in the event that the carrying out of such Programmed Maintenance during Normal Working Hours would adversely affect the clinical and operational function of the department or area.

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34  Project specific