63.6  Replacement of Sub-Contractors

63.6.1  On not more than two such occasions during the Contract Period on the substitution or replacement of a defaulting Sub-Contractor (other than the [Building] [Refurbishment] Contractor) or a defaulting sub-contractor to the Sub-Contractor (other than the [Building] [Refurbishment] Contractor) (in both cases provided that the Contractor is acting in compliance with clause 47.2 (Changes to Project Documents),the Contractor may elect that for the purposes of clause 37.4 (Termination on Contractor Default) only:

(a)  any accrued Unavailability Deductions; and/or

(b)  any accrued Performance Deductions; and/or

(c)  any warning notices or Final Warning Notices in respect of clause 33 (Termination for Persistent Breach by the Contractor).

in each case relating to the relevant Services in respect of which the Sub-Contractor or any Sub-Contractor to the Sub-Contractor is being replaced, shall be cancelled.  The Contractor shall notify the Authority on or before the appointment of any such substitute or replacement Sub-Contractor or sub-contractor whether it elects for this clause 63.6 (Replacement of Sub-Contractors) to apply on that occasion.

63.6.2  Where an election is made pursuant to clause 63.6.1 above or the substitution or replacement of the defaulting Sub-Contractor or a defaulting sub-contractor to the Sub-Contractor then, for the purposes of clause 37.3 (Termination on Contractor Default) only:

(a)  no Unavailability Deductions; and

(b)  no Performance Deductions; and

(c)  no warning notices or Final Warning Notices in respect of clause 33 (Termination for Persistent Breach by the Contractor).

shall accrue for the purposes of sub-paragraphs (l), (m) and (n) inclusive of the definition of Contractor Default in respect of a Service during a period of two (2) months from the date on which that Service is first provided by the replacement or substitute Sub-Contractor or sub-contractor as appropriate.  For the avoidance of doubt, deductions shall still be made from the Unitary Charge in respect of Unavailability Deductions and Performance Deductions incurred during that period.