8  Exceptions to Deductions

8.1  If the following events or circumstances or the consequences of them lead to a Service Performance Shortfall or Unavailability, then the Contractor will be exempt from the Service Performance Points/Deductions or Unavailability Deductions that have been caused by these events or circumstances.

(a)  any event before the Services Availability Date for the relevant Area unless this results directly or indirectly from any act or omission of the Contractor or any Contractor Related Party prior to the Services Availability Date; or

(b)  any breach, omission or default by the Authority of its obligations under this Agreement, provided that such breach does not arise directly or indirectly as a result of any act or omission of the Contractor or a Contractor Related Party; or

(c)  malicious or wilful damage or damage arising from misuse or negligent use (excluding fair wear and tear) by the Authority or an Authority Related Party; or

(d)  the carrying out by the Contractor or any Contractor Related Party of maintenance operations in respect of an Area in accordance with and for the duration applicable to such maintenance, as specified in the Schedule of Programmed Maintenance, or the acceleration or deferral of any Programmed Maintenance or where the Authority instructs the Contractor not to carry out any [Planned or Reactive Maintenance] in accordance with the terms of this Agreement; or

(f)  any interruption in the supply of water, telephone, gas or electricity by a third party supplier provided that such interruption is not attributable to any act, omission or default of the Contractor or any or its officers, employees, agents or contractors (of any tier) and further provided that all reasonable measures (without being required to incur material additional expenditure) are being taken by the Contractor to minimise the impact of such act, omission or default on the Authority or any Authority Related Party and on the performance of the Contractor's obligations under this Agreement; or

(g)  a Compensation Event; or

(h)  the Contractor undertaking an Authority Change or having to undertake works to comply with a Qualifying Change in Law in each case in accordance with the provisions of this Agreement; or

(i)  exercise of Authority Step-In; or

(j)  any instruction in writing from the Authority to the Contractor not to provide the Services in the Area to which the Service Performance Shortfall or Unavailability relates because of a strike, industrial action or protester action provided that in each case the Contractor has used and continues to use all reasonable endeavours to minimise the extent of the failure to meet the Availability Criteria or Service Performance Standards and provided further that the strike, industrial action or protestor action does not occur as a result of the act, omission or default of the Contractor or any Contractor Related Party.