Where a more serious level of Service Failure Points has been incurred by the Contractor, or there is a breach of any contractual obligation which:
12.2.1 may lead to an immediate and serious threat to the health and safety of any user of the facilities;
12.2.2 may lead to a material interruption to the services;
12.2.3 is prejudicial to clinical services; or
12.2.4 the Board considers to be an emergency, then the Board may either require the Contractor, by notice, to rectify the problem (say, by engaging temporary staff in relation to the affected service) or take action itself. The Board can take such action where it considers that the Contractor is unwilling or unable to do so, or if the Contractor has failed to undertake the relevant steps.
If the Board is unreasonable in asking the Contractor to take additional measures, it must compensate the Contractor for any loss incurred. In any event, the Board will bear any expenses over and above those incurred by the Contractor in the proper performance of its obligations under the Contract. Otherwise where the Board is reasonable in asking the Contractor to take additional measures, the Contractor will be responsible for any costs incurred in carrying out the Board's instructions and will pay any costs incurred by the Board taking the relevant action itself.