23.23 Subject to Clause 23.24, the Authority is entitled to be reimbursed by Sub-hubco for costs incurred by the Authority for Utilities supplied to the Facilities during the Operational Term that are consumed in the process of Sub-hubco or any Sub-hubco Party carrying out operations to rectify an Availability Failure.
23.24 For the purpose of applying Clause 23.23 the cost of each Utility shall be considered separately and Clause 23.23 shall not apply if the costs concerned, in respect of the particular Availability Failure, do not exceed [the daily average cost based on bills paid by the Authority to the supplier of the relevant Utility to the Facilities over the most recent 12-month period for which figures are available].
23.25 Where the Authority claims reimbursement of Utilities costs pursuant to Clause 23.23 it must reasonably estimate those costs using all available evidence and send Sub-hubco a statement showing its calculation of the amount claimed along with its supporting evidence. Unless Sub-hubco disputes the statement within ten (10) Business Days of receipt, the Authority will be entitled, to set-off pursuant to Clause 34.6, the amount claimed.