5  Performance Measurement

5.1  A Business Day shall have the meaning given to it in Schedule 1 (Definitions, Interpretation and Construction) of the Contract and for the purposes of this Payment Mechanism the length of a Business Day (and as appropriate a day) shall be the full twenty-four (24) hour period.  For example, where it is stated that a fault must be rectified within three (3) Business Days and the fault is notified at 13:00:00 on a Friday, rectification must have occurred by the commencement of the same hour of the third Business Day i.e. 13:00:00 on the following Wednesday.  Any period expressed in terms of an hour or part hours shall be deemed to mean the full hour.

5.2  All adjustments will be derived from the date and time at which the event of non-compliance or failure (as defined by reference to the Performance Standards contained within the Output Specification and this Payment Mechanism) was first notified to or came to the attention of the Service Provider and shall include all events where non-compliance or failure were first notified to or came to the attention of the Service Provider in a Month previous to which an Adjustment is applied.  For the avoidance of doubt, and subject to the remainder of the provisions of this Payment Mechanism, Adjustments shall continue to apply Month by Month until such time as the event of non-compliance or failure is resolved.

5.3  Throughout this Payment Mechanism the time to rectify, or to attend and commence rectification, shall be counted from the time and date that the Service Provider first received notification, or became aware of, the relevant event of non-compliance or failure.

5.4  Where the maximum cap for Adjustments is reached in Performance Standard 6, the Service Provider shall continue to monitor and measure performance of the Service as if this Payment Mechanism were continuing to operate and calculate the Adjustments that would (save for the maximum Adjustment cap) have been made in relation to each relevant Month (a Notional Adjustment).  The Notional Adjustments value will contribute to the calculations made pursuant to paragraphs 6.2 and 6.3 of Part 1 of this Payment Mechanism.

5.5  All calculations made within this Payment Mechanism shall be solved to two decimal points.