Reporting Deductions

5.1.  If it is agreed between the Authority and the Contractor or in accordance with Clause 60 Dispute Resolution that there has been a Reporting Failure which would give rise to a deduction under the provisions of the payment mechanism (including deductions for Unavailability, Repeated Unavailability, Sub-standard Performance if any) which has not been corrected prior to the receipt of the Net Monthly Payment, the Authority shall be entitled to make deductions equal to  50% of the deduction that is subject of the Reporting Failure where the failure is proven to be deliberate, fraudulent or otherwise intentional or 25% in any other case.

5.2.  Should the Authority and Contractor disagree over whether a Reporting Failure has occurred under paragraph 5.1, the Authority shall still be entitled to calculate Reporting Failure Deductions. The Contractor at its discretions refer the matter to the Dispute Resolution Procedure.

5.3.  All deductions made by the Authority shall be made from one Month after the Reporting Failure has been determined.

5.4.  No deductions shall apply if the Contractor has amended the Reporting Failure prior to submission of the report to the Authority.