3.5  Temporary Alternative Accommodation

♦  In order to offer Temporary Alternative Accommodation to the Authority the Contractor shall deliver to the Authority a written proposal for Temporary Alternative Accommodation setting out the following:

•  full details of the proposed Temporary Alternative Accommodation (including, without limitation, the location and the extent to which it complies with the Authority's Requirements for the relevant Area. The Contractor must also provide details of any other impact on the Services arising from the Unavailability Deductions use of the Temporary Alternative Accommodation including the logistical or other arrangements that the Contractor will put in place to enable the Authority to continue to deliver the operational service;

•  the Relocation Plan that will set out a Relocation Date by which time the Authority will be returned to the main accommodation. This will provide the end date for use of the Temporary Alternative Accommodation and be based on the Contractor's assessment of how soon it can remedy the Unavailability and return the Authority to the original accommodation.

•  For the avoidance of doubt, if the Relocation Plan is not delivered within the relevant Rectification Period, the Area will be considered to be Unavailable until such time as the Relocation Plan is provided.

♦  If such a proposal is provided and accepted by the Authority then no Unavailability Deduction shall be made by the Authority in respect of the Area from when the Temporary Alternative Accommodation is accepted by the Authority until the Relocation Date occurs.

♦  The Authority shall not be obliged to accept any Alternative Accommodation but shall act reasonably in considering the proposals for Alternative Accommodation and shall notify the Contractor promptly of its decision whether or not such proposed Temporary Alternative Accommodation is acceptable.

♦  The performance regime under this Schedule 6 shall apply to any Temporary Alternative Accommodation accepted by the Authority so that the Authority shall be entitled to make Unavailability, Unavailable but Used and Service Failure Deductions in respect of that Temporary Alternative Accommodation in accordance with this Schedule 6.

♦  The Contractor shall bear any costs incurred by it, and all costs incurred by the Authority arising directly or indirectly as a result of the provision or occupation of any such Temporary Alternative Accommodation including, without limitation any costs incurred by the Authority in decanting to the Temporary Alternative Accommodation.

♦  If at any time such Temporary Alternative Accommodation falls below the standard which was acceptable to the Authority under paragraph 3.6.3 the Authority may reject such Temporary Alternative Accommodation and shall notify the Contractor of its decision to do so.  Unavailability Deductions shall apply in respect of the Area which is Unavailable (for which the Temporary Alternative Accommodation is a replacement) from such notification until such Area ceases to be Unavailable.

♦  If the Contractor has not made available to the Authority the Area for which Temporary Alternative Accommodation is a replacement (such Area being in compliance with all applicable Availability Criteria) by the Relocation Date, or the Temporary Alternative Accommodation is rejected by the Authority under paragraph 3.6.6, then the Authority may:

•  vacate some or all of the Temporary Alternative Accommodation, and make Unavailability Deductions from the end of the Relocation Date in respect of the Area for which the Temporary Alternative Accommodation so vacated is a replacement; or

•  continue to occupy the Temporary Alternative Accommodation and make Unavailability Deductions from the Relocation Date in respect of the Area for which the Temporary Alternative Accommodation has been provided as a replacement. In this instance the Temporary Alternative Accommodation shall be treated as Unavailable but used and deductions shall apply in relation to the Unavailability of the original accommodation at 50% of the normal rate.  

♦  The Contractor and the Authority may, for the avoidance of doubt, agree to any new Relocation Date (suggested by either Party) in which case the provisions of this paragraph 3.6 shall apply mutatis mutandis to such revised Relocation Date.

♦  If there is any dispute relating to the provision of Temporary Alternative Accommodation under this paragraph 3.6, either party may refer the matter to dispute resolution under clause 67 (Dispute Resolution) and until the resolution of such dispute the decision of the Authority shall prevail.