4.  TOLERANCES FOR MINOR PERFORMANCE FAILURES

4.1  No Deduction may be made by the Board to the Monthly Service Payment for the relevant Contract Month in respect of any Minor Performance Failure if:

4.1.1  in respect of the Service in which the relevant Minor Performance Failure has occurred, the relevant Minor Performance Failure and all other Minor Performance Failures which have occurred in the relevant Contract Month in respect of that Service do not exceed in aggregate [5 - 10]107 in number; and

4.1.2  in respect of all Services, the relevant Minor Performance Failure and all other Minor Performance Failures in all Services which have occurred in the relevant Contract Month do not exceed in aggregate [10 - 20]108 in number.

4.2  If [6 - 11] or more Minor Performance Failures occur in respect of an individual Service in a Contract Month a Deduction shall be made in respect of each and every Minor Performance Failure which shall have occurred in respect of that Service during that Contract Month.

4.3  If [11 - 21] or more Minor Performance Failures in respect of all Services occur in a Contract Month, a Deduction shall be made in respect of each and every Minor Performance Failure which shall have occurred during the Contract Month.

4.4  This paragraph 4 (Tolerances for Minor Performance Failures) shall have no application to Service Failure Points for Minor Performance Failures, in respect of which there shall be no tolerance.




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107  See footnote in Paragraph 3

108  See footnote in Paragraph 3