Performance Standard 2 to Performance Standard 8 (inclusive) (PS2 to PS8)

6.2  Where in any one (1) Month the total Adjustments and Notional Adjustments in respect of PS2 to PS8 (inclusive) are in excess of twenty-five per cent (25%) of the Monthly Unitary Charge payable for that Month less the applicable PS1 Adjustment (if any) in that Month then a Service Default Termination Point shall accrue to the Service Provider.

6.3  If, in any three (3) consecutive Months, the total Adjustments and Notional Adjustments for each individual Month in respect of PS2 to PS8 (inclusive) exceed twenty per cent (20%) of the Monthly Unitary Charge payable for each relevant individual Month less the applicable PS1 Adjustment (if any) in each relevant individual Month, then a Service Default Termination Point shall accrue to the Service Provider.

6.4  For the avoidance of doubt, the calculation of the percentage used in paragraphs 6.2 and 6.3 for Month 'm' shall be carried out as follows:

Total Adjustments and Notional Adjustments for PS2 to PS8 (inclusive) in Month 'm' / (MUC for Month 'm' – PS1 Adjustment for Month 'm')

An example of how Service Default Termination Points may accrue under paragraphs 6.2 and 6.3 is shown below.

Month

Adjustments & Notional Adjustments under PS2 to PS8 (inclusive) (as a % of MUC less Adjustments in respect of PS1)

Service Default Termination Point (SDTP)

1

23%

No

2

24%

No

3

24%

Yes - SDTP 1 (by reference to Months 1, 2 & 3)

4

22%

Yes - SDTP 2 (by reference to Months 2, 3 & 4)

5

19%

No

6

21%

No

7

26%

Yes - SDTP 3

8

23%

Yes - SDTP 4 (by reference to Months 6, 7 & 8)