Authority's Maintenance Obligations

23.13  The Authority's Maintenance Obligations are as follows:

23.13.1  not less frequently than once in every five (5) years from the [first PhaseActual Completion Date, in a good and workmanlike manner to make good plaster and other interior wall and ceiling finishes and decoration in all such parts of the interior of the Functional Areas as were plastered, finished and/or decorated by Sub-hubco as part of the Works or in implementing an Authority Change;

23.13.2  [not less frequently than once in every [       ] years from the [first Phase] Actual Completion Date, to renew and replace all [carpets and other non-permanent floor coverings] in the Functional Areas provided by Sub-hubco as part of the Works or in implementing an Authority Change;]

23.13.3  [not less frequently than once in every [         ] years from the [first Phase] Actual Completion Date, to resurface/restore the finish of all [semi-permanent floor finishes that are subject to wear such as wood floors] in the Functional Areas provided by Sub-hubco as part of the Works or in implementing an Authority Change;]

23.13.4  [as often as is necessary, to maintain anything provided by the Authority under a Derogated Low Value Change]; and

23.13.5  to ensure that all portable electrical appliances that are connected to the electricity supply in the Facilities by the Authority and Authority Parties have been tested in accordance with Law and the "Code of Practice for In-service Inspection and Testing of Electrical Equipment" published from time to time by the Institution of Electrical Engineers.

23.14  Subject to Clause 23.21, the Authority must carry out and perform the Authority's Maintenance Obligations or procure that the Authority's Maintenance Obligations are carried out and performed as often as required by Clause 23.13 and in accordance with Good Industry Practice. Without prejudice to the Authority's rights under Clause 23.7, the Authority's Maintenance Obligations must be scheduled by the Authority so as not to interfere with Sub-hubco carrying out Programmed Maintenance in accordance with the Schedule of Programmed Maintenance and/or interfere with Sub-hubco carrying out Unprogrammed Maintenance Work in accordance with Clause 23.8.

23.15  If the Authority is in breach of Clause 23.14, Sub-hubco may, while the breach is continuing, give a notice to the Authority requiring it to carry out the relevant Authority Maintenance Obligations. If the Authority:

23.15.1 does not reply to Sub-hubco in writing within ten (10) Business Days of the date of Sub-hubco's notice with a programme for carrying out the relevant Authority Maintenance Obligations within a period of time that is reasonable having regard to the nature of the breach, the reasonably foreseeable consequences of non-performance of the relevant Authority Maintenance Obligations for the Services and Sub-hubco's obligations under this Agreement; or

23.15.2 having provided such a programme, does not comply with it,

Sub-hubco shall be entitled to perform the Authority's Maintenance Obligations so far as necessary to prevent any reasonably foreseeable adverse effect on the Services and/or Sub-hubco 's obligations under this Agreement consequent upon the non-performance of the relevant Authority Maintenance Obligations.

23.16  Sub-hubco shall not carry out any Sub-hubco's Remedial Services unless and until the Authority's Representative, pursuant to this Clause 23.16, has approved or is deemed to have approved or has specified the proposed commencement date, the proposed hours of work and the estimated duration of Sub-hubco's Remedial Services (together the "SRS Timetable"). Sub-hubco must give the Authority not less than [twenty (20)] Business Days notice of its proposed SRS Timetable. If the Authority's Representative considers that the proposed SRS Timetable is not consistent with the principles set out in Appendix 2 to Schedule Part 8 (Review Procedure), he may specify an alternative SRS Timetable that is consistent with those principles, which shall be as near to the SRS Timetable proposed by Sub-hubco as reasonably practicable. If the Authority's Representative fails either to approve Sub-hubco's proposed SRS Timetable or to specify an alternative SRS Timetable within ten (10) Business Days of receipt of Sub-hubco's proposed SRS Timetable, he shall be deemed to have approved it.

23.17  The Authority must allow Sub-hubco and relevant Sub-hubco Parties access to the Site and the Facilities:

23.17.1  for the purpose of monitoring the carrying out of Authority's Maintenance Obligations; and

23.17.2  in accordance with the approved SRS Timetable for the purpose of carrying out any of Sub-hubco's Remedial Services.

23.18  If the Authority does not allow access to the Site and/or the Facilities as required pursuant to Clause 23.17.2, or otherwise prevents or interferes with Sub-hubco and any relevant Sub-hubco Party performing the SRS Remedial Works, Sub-hubco may propose a new SRS Timetable in respect of the relevant Sub-hubco's Remedial Services and Clause 23.16 shall apply.

23.19  In carrying out and performing Sub-hubco's Remedial Services, Sub-hubco must comply with the standards applicable to the relevant Authority's Maintenance Obligations and Good Industry Practice and must use reasonable endeavours to match colours and other finishes to those that currently exist in the relevant part or parts of the Facilities.

23.20  The Authority must reimburse Sub-hubco all reasonable costs that it incurs in carrying out and performing Sub-hubco's Remedial Services in accordance with this Clause 23.

23.21  Notwithstanding the terms of Clauses 23.14 to 23.19 above, Sub-hubco is responsible for:

23.21.1  making good any defects in plaster and other interior wall and ceiling finishes and decoration [and floor coverings referred to in Clauses 23.13.2 and 23.13.3] provided by Sub-hubco as part of the Works or in implementing an Authority Change, caused by defective design or workmanship in the carrying out of the Works or in implementing the Authority Change; and

23.21.2  making good any defects in plaster and other interior wall and ceiling finishes and decoration [and floor coverings referred to in Clauses 23.13.2 and 23.13.3] provided by Sub-hubco as part of the Works or in implementing an Authority Change (whether or not these have subsequently been replaced or renewed by the Authority [and things referred to in Clause 23.13.4]) consequential on any Programmed Maintenance or Unprogrammed Maintenance or any act or omission of Sub-hubco.

23.22  The Authority and Sub-hubco shall co-operate with each other to coordinate any activities that the Authority proposes to undertake to implement any of the Authority's Maintenance Obligations and Sub-hubco's Programmed Maintenance and Sub-hubco must include the Authority's intentions with regard to performing the Authority's Maintenance Obligations in the Schedule of Programmed Maintenance for each Contract Year.