26.2  Surveys

26.2.1  If the Authority reasonably believes that the Contractor is in breach of its obligations under Clause 26.1 (Maintenance) then it may carry out or procure the carrying out of a survey of the Assets by a suitably qualified independent surveyor (not being an employee of the Authority) to assess whether the Assets have been and are being maintained by the Contractor in accordance with its obligations under Clause 26.1 (Maintenance). 63  This right may not be exercised more often than once every two (2)64 years.

26.2.2  The Authority shall notify the Contractor in writing a minimum of ten (10) Business Days in advance of the date it wishes to carry out the survey.  The Authority shall consider in good faith any reasonable request by the Contractor for the survey to be carried out on a different date if such request is made at least five (5) Business Days prior to the notified date and the Contractor (acting reasonably) is able to demonstrate that carrying out the survey on the notified date would materially prejudice the Contractor's ability to provide the Services.

26.2.3  When carrying out any survey, the Authority shall use reasonable endeavours to minimise any disruption caused to the provision of the Services by the Contractor.  The cost of the survey, except where Clause 26.2.4 applies, shall be borne by the Authority.  The Contractor shall give the Authority (free of charge) any reasonable assistance required by the Authority from time to time during the carrying out of any survey.

26.2.4  If a survey shows that the Contractor has not complied or is not complying with its obligations under Clause 26.1 (Maintenance), the Authority shall:

(a)  notify the Contractor of the standard that the condition of the Site(s) should be in to comply with its obligations under Clause 26.1 (Maintenance);

(b)  specify a reasonable period within which the Contractor must carry out such   rectification and/or maintenance work; and

(c)  be entitled to be reimbursed by the Contractor for the cost of the survey and any administrative costs incurred by the Authority in relation to the survey other than where the costs of the rectification and/or maintenance work are less than the costs of the survey in which case the cost of the survey shall be shared equally between the Authority and the Contractor.

26.2.5  The Contractor shall carry out such rectification and/or maintenance work within the period specified by the Authority and any costs it incurs in carrying out such rectification and/or maintenance work shall be at its own expense.

26.2.6  In the event of any failure by the Contractor to comply with Clause 26.2.4(a) or if the Authority is or becomes aware of a breach by the Contractor of its obligations under Clause 26.2.4(a) then the Authority shall be entitled to exercise its right of access and remedy such breach in accordance with Good Industry Practice and shall be entitled to recover any costs or expenses incurred in doing so from the Contractor as a debt.

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63  Any such survey should be based upon the original Authority's Requirements. The Authority should ensure at all times that it does not delay in notifying the Contractor of any deficiencies in the maintenance of the Assets.

64  Other periods may be appropriate (e.g. for an asset that requires a high or low level of maintenance).