37.6  Unsuitable Persons not to be engaged in the Service

The Authority may, if it has reasonable grounds for believing that any Personnel or potential Personnel is or would be an Unsuitable Person, serve written notice on the Contractor requiring the Contractor to procure (at the Contractor's own cost and expense) that such Unsuitable Person is not engaged or employed directly or indirectly in, or in connection with, the provision of the Service or any part of the Service.  The rights contained within this Clause 37.6 shall be exercised reasonably by the Authority and not arbitrarily, vexatiously or capriciously.  For the avoidance of doubt the Contractor shall not be obliged to dismiss or procure the dismissal of any Unsuitable Person in respect of whom a notice has been served pursuant to this Clause 37.6.