2  Electricity Procurement

2.1  Subject to paragraph 2.2, the Service Provider shall from, and including, the Supply End Date until the end of the Contract Period, procure and pay for a continuous supply of electricity to the Apparatus.

2.2  The Authority may, by serving not less than one (1) Month's written notice on the Service Provider, enter into an Electricity Contract and pay directly for the provision of electricity provided that the Authority shall be responsible for any penalties incurred by the Service Provider as a result of any early termination of any current Electricity Contract in accordance with the terms and conditions of such contract.  

2.3  Where the Authority has entered into an Electricity Contract it may, at any time, by serving a written notice on the Service Provider require the Service Provider to carry out an Electricity Market Test pursuant to paragraph 3 and, if required, enter into an Electricity Contract.

2.4  The Service Provider shall deliver a duly certified copy of each Electricity Contract it enters into to the Authority upon it being entered into.

2.5  If the Service Provider fails to conduct any Electricity Market Test in accordance with paragraph 3 (unless and to the extent that such failure has been directly caused by any act or omission of the Authority of its obligations under this Schedule 9):

(a)  the Authority shall be entitled to carry out an Electricity Market Test at the Service Provider's cost;

(b)  the Service Provider shall indemnify the Authority against:

(i)  any losses suffered or incurred by the Authority (including any damages claimed by any bidder) arising out of such failure by the Service Provider;

(ii)  any increased Electricity Costs directly attributable to such failure including, in particular but without limitation, any excess charges payable under the terms of the applicable Electricity Contract and any increase in the unit price of electricity that the Authority is obliged to pay as a result of such failure by the Service Provider; and

(iii)  penalties incurred on the Authority as a result of electricity being supplied to the Apparatus in breach of the terms and conditions of supply under the terms of the applicable Electricity Contract.