SoPC Section (or Clause)

Nature of Revision

Description of Revision

Drafting Change (shown in bold)

21.2.3 (Clause) Termination for Persistent Breach by the Contractor

Small new changes to Required Drafting

"Persistent Breach"

means a breach for which a final warning notice (referred to in paragraph (b) of Clause 21.2.3 (Persistent Breach)) has been issued, which has continued for more than [ ] days or recurred in [ ] or more months within the [six] month period after the date on which such final warning notice is served on the Contractor;

21.2.3 Persistent Breach

(a) If a particular breach, other than any breach for which performance point deductions could have been awarded and/or availability deductions could have been made, has continued for more than [ ] days or occurred more than [ ] times in any [ ] month period then the Authority may serve a notice on the Contractor:

(i) specifying that it is a formal warning notice;

(ii) giving reasonable details of the breach; and

(iii) stating that such breach is a breach which, if it recurs frequently or continues, may result in a termination of this Contract.

(b) If, following service of such a warning notice, the breach specified has continued beyond 30 days or recurred in [ ] or more months within the [ ] month period after the date of service, then the Authority may serve another notice on the Contractor:

(i) specifying that it is a final warning notice;

(ii) stating that the breach specified has been the subject of a warning notice served within the [twelve] month period prior to the date of service of the final warning notice; and

(iii) stating that if such breach continues for more than [ ] days or recurs in [ ] or more months within the [six] month period after the date of service of the final warning notice, the Contract may be terminated.

(c) A warning notice may not be served in respect of any breach which has previously been counted in the making of a separate warning notice.