62.9  Persistent Breach

If a particular breach other than any breach for which Service Default Termination Points or Milestone Default Termination Points could have been awarded and/or Adjustments could have been made, has continued for more than [♦] days or occurred more than three (3) times in any six (6) Month period then:

(a)  the Authority may serve a notice on the Service Provider:

(i)  specifying that it is a formal warning notice;

(ii)  giving reasonable details of the breach; and

(iii)  stating that such breach is a breach which, if it recurs frequently or continues, may result in a termination of this Contract;

(b)  if, following service of a warning notice pursuant to clause 62.9(a) the breach specified has continued beyond twenty (20) Business Days or recurred in three (3) or more Months within the six (6) Month period after the date of service of such formal warning notice, then the Authority may serve another notice (a Final Warning Notice) on the Service Provider:

(i)  specifying that it is a Final Warning Notice;

(ii)  stating that the breach specified has been the subject of a formal warning notice served within the [twelve (12)] Month period prior to the date of service of the Final Warning Notice; and

(iii)  stating that if such breach continues for more than [♦] days or recurs in [three (3)] or more Months within the six (6) Month period after the date of service of the Final Warning Notice this Contract may be terminated;

(c)  a warning notice may not be served in respect of any breach which has previously been counted in the making of a separate warning notice.