10.1 Notwithstanding that Project Co completes a Rectification in respect of an Event within the relevant Rectification Time, there shall, subject to paragraph 10.2 below, be deemed to be a Minor Performance Failure on the occurrence of:
10.1.1 the third such Event that arises during three (3) consecutive Sessions; and/or
10.1.2 the fourth such Event which occurs in any consecutive seven day period
provided that if the same such Event occurs more than three times in three (3) consecutive Sessions or more than four times in any consecutive seven day period, a Minor Performance Failure shall be deemed to have occurred in respect of each and every Event which has occurred during the three (3) consecutive Sessions or during the consecutive seven day period (as the case may be).
10.2 Paragraph 10.1 above shall only apply where:
(a) each such Event is in connection with the same service standard set out in Part 14 of the Schedule (Service Level Specifications) and occurs in the same Functional Area; and
(b) whether the Events occur in the same Functional Unit or in different Functional Units within the same Functional Area there is good reason to believe that the root cause of each Event is the same.