6  REINSTATEMENT PLAN

6.1  The Contractor shall deliver as soon as practicable and in any event within twenty (20) Business Days after lodging the notice of intention to make the claim a plan (the "Criminal Damage Reinstatement Plan") prepared by the Contractor for the carrying out of the works necessary to repair, reinstate or replace the [Asset] (the "Criminal Damage Reinstatement Works"). The Criminal Damage Reinstatement Plan shall set out:

6.1.1  if not the Contractor, the identity of the person proposed to effect the Criminal Damage Reinstatement Works;

6.1.2  the proposed terms and conditions under which the Criminal Damage Reinstatement Works are to be effected including:

6.1.2.1  the date by which the Criminal Damage Reinstatement Works will be completed (the "Criminal Damage Reinstatement Period");

6.1.2.2  payment provisions;

6.1.2.3  certification provisions; and

6.1.2.4  step-in arrangements (if any);

6.1.3  the Contractor's estimate of forecast Net Monthly Revenue Loss for the Criminal Damage Reinstatement Period including a detailed estimate of the forecast Necessary Costs and the Available Sums.

6.2  Following receipt of the Criminal Damage Reinstatement Plan, the Authority may elect:

6.2.1  if it has decided that the relevant [Asset] is not required to be reinstated in the same form as prior to the damage or destruction, to issue an Authority change of Service; or

6.2.2  if the Criminal Damage Reinstatement Period is longer than six (6) months from the date of the Criminal Damage Event and during the entirety of such period more than [20%] of the floor area within the [Asset] will be Unavailable, to terminate this Contract by serving a written notice on the Contractor within 14 days of receipt of the Criminal Damage Reinstatement Plan, in which case the provisions of Clause 21.3.2 (Compensation on Termination for Force Majeure) shall apply.

6.2A The Authority shall provide the Contractor with any comments it may have on any Criminal Damage Reinstatement Plan and any Authority change of Service issued under paragraph 6.2 as soon as reasonably practicable and in any event not less than seven (7) days prior to the required date for delivery of the Final Criminal Damage Reinstatement Plan.

As soon as reasonably practicable and in any event within twenty (20) Business Days of delivery of the Criminal Damage Reinstatement Plan, the Contractor will deliver to the Authority a further reinstatement plan setting out the information required in paragraph 6.1 as well as the impact of any Authority change of Service requested by the Authority as part of the reinstatement in accordance with paragraph 6.2 (the "Final Criminal Damage Reinstatement Plan") amending the Criminal Damage Reinstatement Plan to incorporate the comments received from the Authority in respect of the Criminal Damage Reinstatement Plan including (if relevant) any necessary changes to any person(s) and/or the terms and timetable proposed by Contractor to effect the Criminal Damage Reinstatement Works in the Criminal Damage Reinstatement Plan which were not approved by the Authority (provided that if there is any conflict between the comments received, such parties shall use reasonable endeavours to remove such conflict(s) and if they are unable to do so the dispute will be resolved in accordance with Clause 28 (Dispute Resolution)) and those changes to the Criminal Damage Reinstatement Plan necessary to reflect the contractual terms agreed (as negotiated and finalised) with the person effecting the Criminal Damage Reinstatement Works as well as the impact of any Variation Enquiry requested by the Authority as part of the reinstatement in accordance with paragraph 6.2.

6.2B If the Authority (acting reasonably) is satisfied that the Final Criminal Damage Reinstatement Plan will enable the Contractor to comply with paragraph 5 above within a reasonable timescale and (to the extent that all reinstatement costs and all Necessary Costs are not covered by any compensation payable under the Compensation Order) at a reasonable cost to the Authority:

6.2B.1 the Authority will deliver to the Contractor within twenty (20) Business Days of receipt of the Final Criminal Damage Reinstatement Plan its written approval of the same; and

6.2B.2 Contractor shall enter into contractual arrangements to effect the Criminal Damage Reinstatement Works with the person (or where the Final Criminal Damage Reinstatement Plan identifies a list of potential tenderers, one of those persons) identified in the Final Criminal Damage Reinstatement Plan approved by the Authority.

6.2C For the avoidance of doubt the Authority shall not be entitled to withhold approval of the Final Criminal Damage Reinstatement Plan solely by reason that the reinstatement costs will exceed the amount receivable in respect of reinstatement under the Compensation Order.

6.3 The Authority agrees and undertakes to Contractor that, subject to compliance by Contractor with its obligations under this Schedule [*] (Criminal Damage) and subject to Contractor carrying out the Criminal Damage Reinstatement Works in accordance with this paragraph 6, it shall:

6.3.1 not exercise any right which it might otherwise have to terminate this Contract for a Contractor Default or issue [Service Failure Points] [Warning Notices] insofar as and to the extent that such right arises as a result of Contractor being unable to comply with its obligations under this Contract by virtue of the occurrence of a Criminal Damage Event (and to the extent that Service Commencement is delayed as a result of such occurrence it shall be treated as a Relief Event and the provisions of Clause 5.3 (Relief Events) shall apply in respect thereof);

6.3.2  pay to the Contractor such sums as may be certified for payment for the Criminal Damage Reinstatement Works in accordance with the terms and conditions of the Final Criminal Damage Compensation Plan;

6.3.3  pay monthly in advance within fourteen (14) days of invoice the estimated Net Monthly Revenue Loss (if any) in respect of that month provided that such invoice shall be accompanied by a detailed statement of the calculation of the Net Monthly Revenue Loss, including a breakdown of the Necessary Costs and the Available Sums; and

6.3.4  use its reasonable endeavours (but without incurring any additional cost to the Authority) to assist Contractor in the carrying out of the Criminal Damage Reinstatement Plan.

6.4 If the estimated Net Monthly Revenue Loss paid by the Authority pursuant to paragraph 6.3.3 above is different from the actual Net Monthly Revenue Loss for the relevant month (as later ascertained) then a balancing payment or repayment shall be due from the Authority to Contractor or vice versa, as the case may be.