9.1 If Project Co informs the Board that it is unable to Rectify an Event within the specified Rectification Time due to the need for specialised materials or personnel that are not, and cannot reasonably be expected to be, immediately available at the Facilities but that a Temporary Repair can be effected:
9.1.1 the Board shall permit Project Co to carry out the Temporary Repair proposed by Project Co unless the Board, acting reasonably, considers that, if the Temporary Repair proposed by Project Co is carried out, the use of the relevant Functional Part (in the case of a Functional Part which has a Prescribed Health Function) will not be in accordance with generally accepted clinical practices or (in the case of a Functional Part which has a Prescribed Operational Function) will not be in accordance with Good Industry Practice; and
9.1.2 where a Temporary Repair is permitted pursuant to paragraph 9.1.1, a deadline by which a Permanent Repair must be made shall be set, giving Project Co a reasonable period within which to carry out the Permanent Repair (the "Permanent Repair Deadline"). Both the Board and Project Co shall act reasonably in seeking to agree what the deadline should be.
9.2 During any period beginning at the time when a Temporary Repair has been approved by the Board and ending at the earlier of (a) the time at which a Permanent Repair is successfully completed and (b) the Permanent Repair Deadline, the Availability Conditions shall be replaced by the Minimum Agreed Availability Conditions for the purposes of assessing if the relevant Functional Part is Unavailable.
9.3 Subject to paragraph 6.7 above, if the agreed Temporary Repair is effected within the Rectification Time and the Permanent Repair is effected by no later than the Permanent Repair Deadline no Performance Failure or Unavailability Event will occur, and no Deduction may be made, in respect of the Event.
9.4 If the Temporary Repair is not carried out within the specified Rectification Time, a Performance Failure or, as the case may be, Unavailability Event shall be deemed to occur and the following provisions shall apply:
9.4.1 In respect of a Performance Failure, there shall be a further period of a duration equal to that of the relevant Rectification Time (an "Additional Period") beginning on the expiry of the relevant Rectification Time and Project Co shall ensure that the Temporary Repair is successfully carried out prior to the expiry of the Additional Period. Subject to paragraph 9.4.3, if the Temporary Repair is not successfully carried out by Project Co before the expiry of the Additional Period, a further Performance Failure shall occur and a further Additional Period shall commence. Unless the Temporary Repair has been successfully carried out by Project Co prior to the expiry of each Additional Period then, subject to paragraph 9.4.4 below, a further Performance Failure shall occur until such time as the Temporary Repair shall have been successfully completed.
9.4.2 In respect of an Unavailability Event, if the Temporary Repair has not been successfully carried out at the commencement of the Session immediately following the Session in which the Rectification Time expires, or at the commencement of any subsequent Session, subject to paragraph 9.4.3 below:
(a) there shall be deemed to be a new Unavailability Event occurring in each Session at the commencement of which the relevant Temporary Repair has not been completed; and
(b) a Deduction in respect of an Unavailability Event shall be calculated in accordance with paragraph 5 of this Section C in respect of each such deemed new Unavailability Event as described in paragraph (a) above.
9.4.3 If the Temporary Repair is not successfully carried out by Project Co prior to the Permanent Repair Deadline, and no Permanent Repair has been successfully carried out, the right for Project Co to carry out a Temporary Repair pursuant to this paragraph 9 (but not the obligation to carry out a Permanent Repair) shall cease and paragraph 9.5 below shall apply.
9.5 If the Permanent Repair is not carried out by the Permanent Repair Deadline, a Performance Failure or, as the case may be, an Unavailability Event shall be deemed to occur and the provisions of paragraphs 6.4, 6.5 and 6.6 above shall apply.