37.3  Final Payment Period

37.3.1  During the final two Payment Periods, in addition to the amounts referred to in clause (a) the Authority may withhold an amount equivalent to the average per Payment Period of the sum of the Deductions made to the Monthly Unitary Charge in the previous six Payment Periods until such time as the Contractor shall have provided a report to the Authority in respect of those Payment Periods containing the information set out in clause (a).

37.3.2  On receipt of the reports from the Contractor in respect of the final two Payment Periods the Authority may retain from the amounts withheld pursuant to clause 37.3.1 a sum equivalent to the sum of the Deductions identified in the report or any other amount agreed by the Parties or determined pursuant to clause 67 (Dispute Resolution) as owing to the Authority.  The Authority shall pay the balance of any monies withheld to the Contractor within five (5) Business Days of expiry or earlier termination of the Agreement or if it is agreed or determined the Contractor owes monies to the Authority in excess of those sums withheld, the Contractor shall pay such additional amounts to the Authority within five (5) Business Days of expiry or earlier termination of the Agreement, in each case with interest on that amount at the Prescribed Rate calculated on a daily basis and compounded quarterly from the date on which the payment was withheld by the Authority pursuant to clause 37.3.1 or from the date on which over payment was made (in the case of excessive claims by the Contractor) until all relevant monies have been paid in full and whether before or after judgement.