Responding to Notice of Service Performance Shortfall

4.2.8  The Contractor shall, within one hour of the relevant Logged Failure Time (and without prejudice to the expiry of the relevant Rectification Period), assess the Service Performance Shortfall which has been notified to the Helpdesk in accordance with paragraph 4.2.1, paragraph 4.2.4 or paragraph 4.2.6 and issue the Authority with a notice specifying:

(a)  the cause (to the extent that this can be determined by the Contractor using all reasonable endeavours) of the Service Performance Shortfall; and

(b)  whether the Service Performance Shortfall qualifies for a Rectification Period in accordance with the Services Specification, and where a Rectification Period is allowed, the proposed Rectification Priority Category applicable to the Service Performance Shortfall; and

(c)  the Contractor's plans for rectifying the Service Performance Shortfall and the estimated period in which the Service Performance Shortfall will be permanently remedied; and

(d)  whether any of the provisions detailed in paragraph 4.5.3 are applicable in respect of the relevant Service Performance Shortfall.

4.2.9  Should the Authority and Contractor disagree over whether a Service Performance Shortfall has occurred, or the Rectification Priority Category proposed in accordance with paragraph 4.2.6(b) or whether any of the provisions detailed in paragraph 4.5.3 are applicable in respect of the relevant Service Performance Shortfalls, then the Authority's decision shall prevail for the purposes of calculating Service Failure Deductions under this Schedule 6.  The Contractor may refer the matter to the dispute resolution procedure under Clause 67 (Dispute Resolution).