21.2  Unavailability of Existing Stations111

21.2.1  If a Disruption Event occurs at an Existing Station (or part thereof) prior to the Services Availability Date for that Station:

(a)  where the Disruption Event arises from a breach by the Contractor of the site conduct requirements set out in [the Stations Requirements/Construction Proposals] and the Disruption Event will cease upon suspension of the part of the Works which are the subject of that breach, the Authority may require a suspension of that part of the Works.  The Contractor shall comply with such request until such time as it can carry out such Works in accordance with this Agreement and shall not be entitled to claim any relief or compensation in respect of any delay to the Works arising in such circumstances.

(b)  where clause 21.2.1(a) does not apply, the Contractor and the Authority shall agree (acting reasonably) as expeditiously as possible the steps to be taken to ensure any unavailable parts of an Existing Station may be reprovided as soon as practicable.  The steps that the Parties agree to consider are the following (in the agreed order of preference set out below) or any combination of the following as appropriate:

(i)  remediation of the Disruption Event through temporary and/or permanent measures;

(ii)  use of other facilities at the Existing Station;

(iii)  use of temporary accommodation at the Existing Station;

(iv)  use of accommodation at another station or Authority Property;

(v)  use of temporary accommodation at another station or Authority Property;

(vi)  use of commercial facilities (in the case only of specialist facilities which cannot be otherwise provided under this clause).

21.2.2  The Contractor shall be responsible for providing the facilities or accommodation pursuant to clause (b) and shall be responsible for all proper costs arising from all administrative arrangements associated with providing such facilities or accommodation pursuant to clause (b), including, if relevant, the cost of providing temporary facilities or accommodation and/or costs of transportation to and from any facilities or accommodation so provided.

21.2.3  Whenever the Contractor fails to implement any steps in the manner agreed pursuant to clause (b), the Authority may (provided it has first served written notice on the Contractor to that effect) take such steps itself and the Contractor shall reimburse to the Authority the costs incurred by the Authority in so doing.

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111 The extent to which this clause is applicable will depend upon whether or not initial services are being provided, and whether or not deductions will be made under the payment mechanism during the Initial phase.   In addition, to the extent that amounts recovered pursuant to clause 21.1 relate to those matters detailed in clause 21.2.3, the Authority should not be entitled to make a double recovery.