Market Testing

Where the tender price of a sub-contractor appointed by the Contractor pursuant to paragraph 3.5 of Part 3 of this Schedule (the Successful Tenderer) is lower than the Leisure Operator Base Trading Account (indexed), then the cost difference between the Successful Tenderer's tender price and the Leisure Operator Base Trading Account (indexed) shall be deducted from the Leisure Operator Base Trading Account (indexed) with effect from the relevant Market Test Date and the Unitary Charge shall be adjusted to reflect that deduction in accordance with Clause 71 (Financial Adjustments).

Where the tender price of the Successful Tenderer is higher than the [Subsidy] [Leisure Operator Base Trading Account (indexed)], then the cost difference between the Successful Tenderer's tender price and the Leisure Operator Base Trading Account (indexed) shall be added to the Leisure Operator Base Trading Account (indexed) with effect from the relevant Market Test Date and the Unitary Charge shall be adjusted to reflect that addition in accordance with Clause 71 (Financial Adjustments).