23.3  Life Cycle Works and Planned Maintenance

23.3.1  Without derogation from clause 23.1 (Maintenance) the Contractor shall implement the proposals in the Cyclical Maintenance and Replacement [Programme] [Plan] as reviewed or modified from time to time pursuant to this Agreement.   

23.3.2  The Contractor will conduct an annual review of the Cyclical Maintenance and Replacement [Programme] [Plan] so as to plan for works for the following five (5) years (including any period after the expiry of the Contract Period to the extent that it may be relevant for the purposes of determining the Handback Standard) to ensure it will meet the Contractor's obligations under this Agreement and such annual review and any proposed modifications to it (other than minor or immaterial modifications) shall be subject to approval in accordance with the Review Procedure.

23.3.3  In addition the Contractor shall:

(a)  no later than [31st January] in each Contract Year give the Authority a draft of the Planned Maintenance Programme for the next Contract Year which shall:

(i)  include the commencement date, details and duration of Planned Maintenance;

(ii)  be prepared on the basis that disturbance and Availability problems should be minimised;

(iii)  provide a breakdown of Planned Maintenance to show how the Contractor will thereby meet its obligations under this Agreement and how Planned Maintenance will meet or otherwise relate to the Cyclical Maintenance and Replacement [Plan] [Programme];

(b)  present each annual Planned Maintenance Programme for approval in accordance with the Review Procedure;

(c)  not make any variations to any Planned Maintenance Programme (other than minor or immaterial variations) unless they are approved in accordance with the Review Procedure.

23.3.4  The Authority and the Contractor shall jointly consider the Contractor's proposals in the draft Planned Maintenance Programme in order to agree arrangements for Planned Maintenance to be carried out, so far as practicable, in a manner and at times which will allow the Contractor to deliver the Services and to agree the planned duration of such Planned Maintenance.