9.3  Replacement of FM Contractor

In circumstances where there is a material breach by the Contractor in the provision of the Initial Services the Authority shall be entitled to issue a notice to the Contractor requiring that that the Contractor removes the FM Contractor and appoints a replacement and the Contractor shall remove and replace the FM Contractor at its own cost.  The defaulting FM Contractor the subject of the notice shall not in such circumstances be entitled to take over the provision of the Services at the Services Availability Date without approval being given by the Authority pursuant to clause 70.2.