5  Increase in Leisure Operator Income

5.1  The Contractor shall not later than two (2) months after the Income Benchmarking Date supply a notice which shall contain the following information (an Income Notice);

5.1.1  full details (with supporting evidence) of the Leisure Operator Income generated during each Contract Year of the relevant Income Benchmarking Period broken down into the categories defined in the Leisure Operators Base Trading Account;

5.1.2  details of any Related Operating Costs incurred as a direct result of the increase in Leisure Operator Income together with evidence of how the Contractor and the Leisure Operator have mitigated such costs;

5.1.3  the calculation (with supporting evidence) of the amount of Leisure Operator Income generated in excess of the Leisure Operator Income shown in the LOBTA less the Related Operating Costs referred to in paragraph 5.1.2;

5.1.4  any other relevant information.

5.2  If the Authority requires further information, it shall request such information as soon as reasonably possible after receipt of the Income Report and the Contractor shall issue such information in the form reasonably required by the Authority within a reasonable time (having regard to the nature of the information requested).

5.3  As soon as practicable (and no later than one (1) month) after receipt of an Income Notice or, if later, where further information has been requested pursuant to paragraph 5.2, within twenty (20) Business Days of receipt of such information the Parties shall meet and endeavour to agree the contents of the Income Notice.  If the Parties fail to agree the contents of the Income Notice and/or the Adjustment Amount then either Party may refer the matter to the Dispute Resolution Procedure.

5.4  Upon agreement or determination of the Adjustment Amount the provisions of Part 4 of this Schedule shall apply.