1.1 Service Failure Points shall be awarded for every Performance Failure and every Unavailability Event deemed or actual which occurs during the Project Term other than:

1.1.1 to the extent that a Performance Failure or Unavailability Event is disregarded pursuant to paragraph 1.3 of Section C;120 and

1.1.2 to the extent that the Performance Failure of Unavailability Event is attributable to a Relief Event or an event of Force Majeure.

1.2 There shall be no relief from the award of Service Failure Points to be awarded during a Bedding-In Period or where the Board elects to use a Functional Part or a room or space within it that is deemed Unavailable.

1.3 For the avoidance of doubt when awarding Service Failure Points, where more than one Unavailability Event or Performance Failure is deemed to have occurred in accordance with paragraph 6 (Rectification) of Section C of this Part 18 of the Schedule (Payment Mechanism), the appropriate number of Service Failure Points shall be awarded in respect of each such Unavailability Event or Performance Failure, even though they arise from the same circumstances.

1.4 If the same Unavailability Event or Performance Failure affects more than one Functional Unit, the number of Service Failure Points to be awarded in respect of that Unavailability Event shall be the same as if only one Functional Unit had been affected.

1.5 The number of Service Failure Points which shall be awarded in respect of each Performance Failure and Unavailability Event shall be the number of Service Failure Points attributable to the Performance Failure category allocated to the Performance Failure or Unavailability Event (as the case may be) as set out in Appendix A to this Part 18 of the Schedule; provided that:

1.5.1 where the Performance Monitoring Period referable to the Performance Failure or Unavailability Event in question is a period which begins in a Contract Month and expires in another, the Service Failure Points to be awarded in respect of such Performance Failure or Unavailability Event shall be included in the total number of Service Failure Points for the Contract Month during which the Performance Failure or Unavailability Event occurred;

1.5.2 where the Performance Monitoring Period referable to the Performance Failure or Unavailability Event in question is a period which begins and ends on the first and last day of a Contract Month or is a period which is wholly contained within the Contract Month or where no specific Performance Monitoring Period is referable to the Performance Failure or Unavailability Event in question, the Service Failure Points to be awarded in respect of such Performance Failure or Unavailability Event shall be included in the total number of Service Failure Points for that Contract Month.

1.6 Project Co shall calculate:

1.6.1 the total number of Service Failure Points awarded to each Service provided by the individual Service Providers in each Contract Month; and

1.6.2 the sum total of all Service Failure Points awarded across all Services provided by all Service Providers in each Contract Month.

1.7 Without prejudice to paragraph 1.5.2 of this Section G, Service Failure Points awarded to a Service Provider which has been replaced by a new Service Provider shall not be taken into account in calculating the total number of Service Failure Points of the new Service Provider in any Contract Month pursuant to paragraph 1.6.1 of this Section G. Service Failure Points which have been awarded to a Service Provider which has been replaced shall not be deducted from the total number of Service Failure Points awarded in respect of all Services in any relevant Contract Month.

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