6.1 This paragraph 6 applies where, in Part 14 of the Schedule (Service Level Specifications), a Rectification Time is specified in respect of an Event.
6.2 Subject to paragraph 10 of this Section C, no Performance Failure or Unavailability Event shall occur if Project Co successfully carries out Rectification within the specified Rectification Time and in such circumstances no Deduction shall be made.
6.3 If an Event is not Rectified by Project Co within the specified Rectification Time, a Performance Failure or, as the case may be, an Unavailability Event shall occur.
6.4 If an Unavailability Event is still subsisting at the commencement of a second (and any subsequent) Session following the Session in which the Rectification Time expired:-
6.4.1 there shall be deemed to be a new Unavailability Event occurring at the commencement of each Session at the commencement of which the relevant Unavailability Event is still subsisting; and
6.4.2 a Deduction in respect of an Unavailability Event shall be calculated in accordance with paragraph 5 of this Section C in respect of each such deemed new Unavailability Event as described in paragraph 6.4.1 above.
6.5 In respect of Performance Failures, a further period of a duration equal to that of the relevant Rectification Time (an "Additional Period") shall begin on the expiry of the relevant Rectification Time. Project Co shall ensure that Rectification is successfully carried out prior to the expiry of the Additional Period. If Rectification is not successfully carried out by Project Co before the expiry of the Additional Period, a further Performance Failure shall occur and a further Additional Period shall commence.
6.6 Unless Rectification has been successfully carried out by Project Co prior to the expiry of each Additional Period, a further Performance Failure (or, should the Availability Condition not be satisfied, an Unavailability Event) shall occur until such time as Rectification shall have been successfully completed.
6.7 The provisions of paragraphs 6.5 and 6.6 above shall not apply to Performance Failures in cases where, if Rectification is not carried out within the Rectification Time, the Board's Representative notifies Project Co's Representative that the Board no longer requires the relevant Service.
6.8 When carrying out Rectification, or works of Temporary Repair pursuant to paragraph 9 below, Project Co shall at all times act in accordance with Board Policies and Good Industry Practice. Failure to do so shall be deemed to be a new Performance Failure (of the same category as the Performance Failure in respect of which the Rectification or Works of Temporary Repair are being carried out) unless the failure also constitutes a breach of Law in which case there shall be deemed to be a new Major Performance Failure.