Performance Failures or Unavailability Events will not apply and full payment will be made where:
11.7.1 a Functional Part of the Facility is closed for planned maintenance in accordance with the agreed Maintenance Plan (see paragraph 9);
11.7.2 the reason for failure is what is called an Excusing Cause (such as the outbreak of Medical Contamination, Board breach or action etc); or
11.7.3 the service requirements are not met due to the Contractor acting in accordance with Board instructions, for example during a clinical emergency.