In this Schedule [*] the following terms shall, unless the context requires otherwise, have the following meanings:
"Available Sums" means such sums available to the Contractor to meet the Necessary Costs (or which would have been available had the Contractor complied with its obligations under this Contract (including for the avoidance of doubt its obligations under Clause 25.2 (Insurance))), such Available Sums including:
(a) payments of Unitary Charge;
(b) any amount receivable under the Compensation Order pursuant to paragraph 4 of this Schedule [*] (Criminal Damage);
(c) any amount receivable by way of business interruption insurance; and
(d) (without double counting) any sums in any Contractor bank account excepting such sums as the Contractor has, in accordance with the Senior Financing Agreements (in the form agreed at the date of this Contract) or otherwise acting reasonably and properly placed in specific accounts in respect of:
(i) future tax liabilities;
(ii) planned maintenance of the [Asset]; and
(iii) [insert any other project specific commitments].
For the avoidance of doubt, Available Sums shall also exclude sums received or receivable from the Authority pursuant to paragraph 6.3.2 of this Schedule [*];
"Criminal Damage Disruption Period" means:
(a) the period commencing on the date upon which a Criminal Damage Event occurs and ending on the date when all Criminal Damage Reinstatement Works relating to such Criminal Damage Event have been completed and certified in accordance with the certification procedures agreed pursuant to paragraph 6.1.2 of this Schedule [*] (Criminal Damage); and
(b) any period of delay (not falling within limb (a) above) to the Service Commencement Date arising directly as a result of the Criminal Damage Event being the period of the extension of time established in accordance with paragraph 11 of this Schedule [*] (Criminal Damage);
"Criminal Damage Reinstatement Period" shall have the meaning given in paragraph 6.1.2.1 of this Schedule [*] (Criminal Damage);
"Criminal Damage Reinstatement Plan" shall have the meaning given in paragraph 6.1 of this Schedule [*] (Criminal Damage);
"Criminal Damage Reinstatement Works" shall have the meaning given in paragraph 6.1 of this Schedule [*] (Criminal Damage);
"Deduction" has the meaning given in Schedule [*] (Payment Mechanism);
"Final Criminal Damage Reinstatement Plan" shall have the meaning given in paragraph 6.2A of this Schedule [*] (Criminal Damage);
"Necessary Costs" means the aggregate amount in any month which the Contractor requires to pay any properly incurred fixed costs (determined where appropriate by reference to the Base Case financial model) including but not limited to any amount in respect of principal and interest under the Senior Financing Agreements, and any liabilities to any Sub-Contractor under the relevant Sub-Contract, (on the basis that the Contractor mitigates all such costs) but excluding:
(a) any payments of interest due on Junior Debt and any dividends and other distributions payable to the shareholders of the Contractor or HoldCo;
(b) any arrears of principal or interest under the Senior Financing Agreements;
(c) costs which could have reasonably been mitigated or avoided by the Contractor;
(d) payments which are not entirely at arms length;
(e) indirect losses suffered or allegedly suffered by any person;
(f) fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; and
(g) the cost of carrying out the Criminal Damage Reinstatement Plan in accordance with paragraph 6 of this Schedule [*];
"Net Monthly Revenue Loss" means in any month the amount by which, as a consequence of the occurrence of the Criminal Damage Event, the Necessary Costs exceed the Available Sums.