49A.3 Rectification of Vandalism

49A.3.1 In relation to any Event referred to in a Vandalism Report, [Sub-hubco/Project Co] shall always take such steps as are necessary in accordance with its obligations under this Agreement to make the Facilities safe.

49A.3.2 If the School Representative agrees in accordance with Clause [49A.2] that an Event was caused by malicious damage or vandalism, except when Clause [49A.3.3] applies, [Sub-hubco/Project Co] shall not Rectify the Event beyond what is required by Clause [49A.3.1] unless instructed by the Authority to do so as an Authority Change under Schedule Part 16 (Change Protocol).

49A.3.3 If, in the reasonable opinion of [Sub-hubco/Project Co], the Event referred to in a Vandalism Report, if not Rectified, will or is likely to:

(a) cause an Unavailability Event or a Performance Failure; or

(b) result in the costs of performing the Services and in particular the costs of Maintenance Works being materially increased,

it may notify the School Representative to that effect and shall be entitled to proceed with Rectification in accordance with its obligations under this Agreement.

49A.3.4 If the School Representative does not agree accordance with Clause [49A.2] that the Event referred to in a Vandalism Report was caused by malicious damage or vandalism, [Sub-hubco/Project Co] shall be entitled to proceed with Rectification in accordance with its obligations under this Agreement.