23.5  Programmed Replacement

23.5.1  No later than forty (40) Business Days before each occasion on which any part of the Stations is due for replacement (as identified in the lifecycle schedule contained in the Service Delivery Proposals), where the Contractor does not believe it is necessary to undertake such replacement, the Contractor shall submit to the Authority (under the Review Procedure) a written statement detailing:

(a)  the replacement(s) which the lifecycle schedule records as being due; and

(b)  why the Contractor does not believe it is necessary to undertake such replacement having regard to the condition of the relevant part and the Contractor's obligations under this Agreement.

23.5.2  If the Authority approves in accordance with the Review Procedure (or it is determined in accordance with the Dispute Resolution Procedure) that the replacement should be deferred, the Contractor shall amend the lifecycle schedule contained in the Service Delivery Proposals to reflect such deferral.

23.5.3  Without prejudice to clause 23.5.2 the Contractor shall replace any items listed in the lifecycle schedule in the Service Delivery Proposals with parts of at least equivalent standard to those at the Services Availability Date for that Station measured by reference to the standards set out in the Authority's Requirements (other than any equipment provided in that Station pursuant to clause 11.3.3, in which case the standard required will be that of the Contractor Equipment which such equipment replaced as set out in the Contractor's Proposals) measured in each case against the current standards for the relevant part so that as a minimum any replacement part should have an equivalent or greater anticipated lifespan at the same quality as the original part PROVIDED THAT nothing in this clause 23.5.3, shall require the relevant elements of the Stations to have a longer working life than required by section 3.1 of the Services Specification.

23.5.4  In the event that the Contractor fails to either:  

(a)  replace any part of the facilities by the date that it is due for replacement (as identified in the lifecycle schedule contained in the Service Delivery Proposals); or

(b)  comply with clause 23.5.3,

and such failure is not remedied within one (1) month of receipt of written notice of such failure from the Authority, the Authority may remedy such failure itself and recover the cost from the Contractor.