49A.3  Rectification of Malicious Damage

49A.3.1 In relation to any Service Event referred to in a Malicious Damage Report, Sub-hubco shall always take such steps as are necessary in accordance with its obligations under this Agreement to make the Facilities safe.

49A.3.2 If the [Authority's Representative] agrees in accordance with Clause 49A.2 that a Service Event was caused by malicious damage by a person other than a Sub-hubco Party, except when Clause 49A.3.3 applies, Sub-hubco shall not Rectify the Service Event beyond what is required by Clause 49A.3.1 unless instructed by the Authority to do so as an Authority Change under Schedule Part 16 (Change Protocol).

49A.3.3 If, in the reasonable opinion of Sub-hubco, the Service Event referred to in a Malicious Damage Report, if not Rectified, will or is likely to result in the costs of performing the Services and in particular the costs of Maintenance Works and Lifecycle Replacement being materially increased, it may notify the [Authority's Representative] to that effect and shall be entitled to proceed with Rectification in accordance with its obligations under this Agreement.

49A.3.4 If the [Authority's Representative] does not agree accordance with Clause 49A.2 that the Service Event referred to in a Malicious Damage Report was caused by malicious damage by a person other than a Sub-hubco Party, Sub-hubco shall be entitled to proceed with Rectification in accordance with its obligations under this Agreement.