53.2  Reinstatement

Where damage to Apparatus [or Assets]41 occurs as a result of a single event (or a series of related events) (the Relevant Incident) and such damage is likely to require works or replacement costing in excess of [♦] pounds (£[♦]) (Indexed):

(a)  the Service Provider shall deliver as soon as practicable and in any event within twenty (20) Business Days after the Relevant Incident a plan (the Reinstatement Plan), prepared by the Service Provider, for the carrying out of the works or replacement (the Reinstatement Works) necessary to repair, reinstate or replace the Apparatus [and/or Assets] which are the subject of the Relevant Incident in accordance with clause 53.2(c).  The Reinstatement Plan shall set out:

(i)  if not the Service Provider or a Sub-Contractor, the identity of the person proposed to effect the Reinstatement Works, which shall be subject to the prior written approval of the Authority; and

(ii)  the proposed terms and timetable upon which the Reinstatement Works are to be effected (including the date that the Project will become fully operational), the final terms of which shall be subject to the prior written approval of the Authority (such approval not to be unreasonably delayed);

(b)  provided that the Authority is satisfied that the Reinstatement Plan will enable the Service Provider to comply with clause 53.2(c) within a reasonable timescale:

(i)  the Reinstatement Plan shall be adopted;

(ii)  the Service Provider shall enter into contractual arrangements to effect the Reinstatement Works with the person identified in the Reinstatement Plan approved by the Authority;

(iii)  the Authority agrees and undertakes that, subject to compliance by the Service Provider with its obligations under this clause 53.2, and provided that the Service Provider procures that the Reinstatement Works are carried out and completed in accordance with the contractual arrangements referred to in clause 53.2(b)(ii), it shall not exercise any right which it might otherwise have to terminate this Contract by virtue of the Relevant Incident;

(iv)  the Authority undertakes to use reasonable endeavours to assist the Service Provider in the carrying out of the Reinstatement Plan; and

(v)  after the Reinstatement Plan has been implemented to the reasonable satisfaction of the Authority and in accordance with clause 53.2(c) the Authority shall issue a written statement to the Service Provider to that effect;

(c)  the Service Provider shall carry out any work relating to the repair, reinstatement or replacement of any Apparatus [or Asset], in accordance with the Output Specification so that on completion of the work, the provisions of this Contract are complied with;

(d)  subject to the provisions of clause 52 (Indemnities) the Service Provider shall be solely responsible for all costs arising from the Relevant Incident.

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41  Relevant only if Assets includes equipment or buildings in which case, in relation to the latter, the definition of Assets should be amended.  Could be extended to Structures such as Bridges and/or general reference to any Project Network Part.