64.1  Disregarding of Notices and Points

Where the whole (and, for the avoidance of doubt, not part) of a Sub-Contract is terminated by the Service Provider, the Service Provider shall by a notice in writing to the Authority, be entitled to require that there be disregarded for the purposes of calculating whether a Service Provider Default has occurred pursuant to clause 62.3(k) (Warning Notices) or clause 62.3(l) (Service Default Termination Points) or clause 62.3(m) (Milestone Default Termination Points):

(a)  any Milestone Default Termination Point(s), Service Default Termination Point(s) and/or Warning Notices incurred by the Service Provider prior to the date that the Sub-Contractor was replaced and attributable to the performance or non-performance of that replaced Sub-Contractor; and

(b)  any Milestone Default Termination Point(s), Service Default Termination Point(s) and/or Warning Notices incurred by the Service Provider in the [two (2)] Months following the date upon which the Sub-Contractor was replaced and attributable to the performance or non-performance to that part of the Service in respect of which the Sub-Contractor has been replaced;

provided that the Service Provider shall not be entitled to give more than [two (2)] such notices in total during the Contract Period, of which only [one (1)] such notice may be given during the Core Investment Period.