Responding to Notification of Unavailability

♦  Once an Unavailability Notice has been provided, the Contractor shall be responsible for verifying, responding and rectifying the Unavailability. From the point of the Logged Failure Time the Contractor shall be responsible for mobilising a resource to confirm the details or the effective response to the Unavailability Notice, and to estimate the work required and potential time required to rectify the Unavailability.

♦  The Contractor shall, within one hour of the relevant Logged Failure Time (and without prejudice to the expiry of the relevant Rectification Period), assess the Unavailability which has been notified to the Helpdesk in accordance with paragraph 3.2.1, paragraph 3.2.5 or paragraph 3.2.7 and issue the Authority with a verbal notice via the Helpdesk specifying (to the extent that each of the following can be determined by the Contractor using all reasonable endeavours):

(a)  the cause of the Unavailability; and

(b)  the Contractor's plans for rectifying any Unavailability and the estimated period in which the Unavailability will be temporarily and/or permanently remedied.

♦  If the Contractor in reviewing the Unavailability Notice finds that any of the reported details are incorrect the Contractor must set out whether the error still results in the Area being Unavailable, or not. If the Contractor finds that the Area is Available then the Unavailability Notice shall be removed with the Authority confirming that no Unavailability has occurred.

♦  The Contractor shall provide the Authority:

•  on a daily basis, for so long as such Area remains Unavailable, with an update on the progress made in rectifying such Unavailability, together with any revised estimate as to when such Unavailability will be made safe, temporarily and permanently rectified; and

•  promptly on becoming aware of any change to the information provided to the Authority  pursuant to paragraph 3.2.9, with details of any such change; and

•  on a monthly basis, with a report of all events of Unavailability reported in the preceding calendar month together with confirmation of the time between the Logged Failure Time and the Logged Rectification Time.

♦  Should the Authority and Contractor disagree over whether an incident of Unavailability has arisen, or whether an Unavailable but Used Deduction applies in respect of the relevant Unavailability, then the Authority's decision shall prevail for the purposes of calculating Unavailability Deductions under this Schedule 6.  The Contractor may refer the matter to the Dispute Resolution Procedure under clause 67 (Dispute Resolution).