Reimbursement by the Authority

7.5  If the Authority does not give instructions in accordance with paragraph 7.3 in relation to any Existing Attachment then:

(a)  the Service Provider shall not remove the Apparatus to which the Existing Attachment is attached until the Authority notifies the Service Provider of the position in which the Existing Attachment is to be attached (whether to new Apparatus or to a straight post) or the Authority supplies a replacement Attachment; and

(b)  the Authority shall reimburse the Service Provider the reasonable and proper cost of removing the Apparatus referred to in paragraph 7.5(a) to the extent that such cost is in excess of the cost which would have been incurred had the Apparatus been replaced at the time, set out in the Core Investment Programme; and

(c)  any Apparatus which is not Removed by virtue of the Authority not giving a instruction pursuant to paragraph 7.3 shall be deemed to be Removed Apparatus for the purposes of clause 12.7 (Milestones) and paragraph 2.7 of Part 1 of the Payment Mechanism,

unless the reason for the Authority failing to give instructions is that the Service Provider had not complied with paragraph 7.2, in which case the cost of removing and re-siting the Apparatus shall be borne entirely by the Service Provider and such Apparatus shall not be deemed to be Removed for the purposes of clause 12.7 (Milestones) and paragraph 2.7 of Part 1 of the Payment Mechanism.

7.6  If the Authority fails to provide instructions within the time limits set out in paragraph 7.3 but does give instructions before the relevant removal or installation takes place, the Service Provider shall act reasonably in accepting and effecting those instructions.

7.7  Where the Authority fails to provide a new Attachment in accordance with the time period set out in paragraph 7.4(a) the Service Provider shall attach the Existing Attachment at its own cost.

7.8  The Service Provider shall undertake its obligations under this paragraph 7 at no additional payment from the Authority, except to the extent that this paragraph 7 expressly states otherwise.