1.1 If at any time after the [Actual Completion Date] [Phase Actual Completion Date for a Phase]98 an Unavailability Event or a Performance Failure [relating to that Phase] shall occur the Board shall, subject to paragraphs 1.2, 1.3, 2 (Bedding-In Period), 4 (Tolerance for Minor Performance Failures) and 9 (Temporary Repair) below, be entitled to make deductions from the Monthly Service Payment in respect of that Unavailability Event or Performance Failure, calculated in accordance with this Section C of Schedule Part 18 (Payment Mechanism).
1.2 The maximum aggregate of all Deductions that the Board can make from a Monthly Service Payment in respect of any Contract Month shall be the Volume Adjusted Service Payment.
1.3 To the extent that an Unavailability Event or a Performance Failure
1.3.1 is the result of an Excusing Cause (as defined in Clause 8.7 of this Agreement); or
1.3.2 [is the result of an External Utility Failure]99
the Board shall not be entitled to make Deductions or to award Service Failure Points.
_________________________________________________________________________________
98 Depending on whether Phasing is used
99 See definition of External Utility Failure