63.6  Prohibited Act by another person

If the Prohibited Act is committed by any other person not specified in clauses 63.2 to 63.7 (inclusive), then the Authority may serve a Termination Notice on the Service Provider and this Contract shall terminate unless, within twenty (20) Business Days of receipt of such Termination Notice, the Service Provider:

(a)  procures the termination of such person's employment and of the appointment of their employer (where not employed by the Service Provider or a Sub-Contractor) and (if necessary) procures the performance of such part of the Service by another person; or

(b)  in the case of a DNO carrying out Non-Contestable Works and where no organisation other than the DNO can carry out such Non-Contestable Works for the Service Provider:

(i)  (where the person is acting independently of his or her employer), uses reasonable endeavours to procure the termination of such person's employment, or the removal of that person from the provision of the Service and (if applicable) procures the performance of such part of the Service by another person; or

(ii)  (where such person is not acting independently of his or her employer), take such actions as is required by the Authority (acting in a reasonable and proportionate manner) in relation to the DNO including, where practicable, procurement of a reasonably equivalent viable alternative provider of the Non-Contestable Works.