45.6  Response to Authority Notice

Within [five (5)] Business Days following receipt by the Contractor of any notice served by the Authority pursuant to Clause 45.5 (Disputed Amounts), the Contractor shall respond by notifying the Authority as to whether or not it agrees with the statements made in that notice.  If the Contractor indicates that it does agree, or if the Contractor fails to make such a response within that time limit, the Authority shall be entitled:

45.6.1  to retain on a permanent basis any amounts withheld pursuant to Clause 45.5 (Disputed Amounts); and

45.6.2  to reclaim from the Contractor the amount of any over-payment which may have been made to the Contractor together with interest on any such amount at the Prescribed Rate calculated on a daily basis and compounded quarterly from the date on which the over-payment was made until that amount has been paid in full and whether before or after judgment.