7  Appointment of a third party monitor

7.1  Without prejudice to paragraph 6.5 if, as a result of any monitoring, auditing, examination or inspection carried out by the Authority under this Schedule 17, material breaches of the Service Provider's obligations under this Contract are identified, the Authority may, in its absolute discretion and at the cost of the Service Provider, appoint a third party monitor.

7.2  Any third party monitor appointed by the Authority pursuant to paragraph 7.1 shall:

(a)  monitor and/or audit the Service and the Service Provider's and/or any Sub-Contractor's monitoring (including any joint monitoring) and quality assurance procedures including examining or inspecting works or activities on or off site;

(b)  continue to carry out the activities in paragraph 7.2(a) until the Service Provider shall have demonstrated to the reasonable satisfaction of the Authority that:

(i)  any material breaches of any of the Service Provider's obligations under this Contract have been remedied;

(ii)  that any monitoring of the Service carried out by the Service Provider and/or any relevant Service Provider Party (including any joint monitoring) is carried out in such a way as to ensure accurate reporting of failures that might lead to Adjustments under the Payment Mechanism; and

(iii)  all quality assurance procedures are being fully complied with by the Service Provider and all relevant Service Provider Parties.