46.4  Results of Final Surveys

If the Apparatus Survey shows that the Service Provider has not complied with or is not complying with its obligations under clause 9.2 (Standard of Service) and/or clause 9.3 (Maintenance), and/or clause 9.4 (Standard on Expiry) or if the Management Information System Survey shows that the Service Provider has not kept the Management Information System in accordance with its contractual obligations, the Authority shall:

(a)  notify the Service Provider of the rectification and/or maintenance work which is required to bring the Apparatus or the Management Information System to the standard they would have been in if the Service Provider had complied or was complying with its obligations under this Contract and, in particular, to ensure the requirements of clause 9.4 (Standard on Expiry) are met (the Required Standard);

(b)  specify a reasonable period within which the Service Provider shall carry out such work (the Specified Period); and

(c)  recover the cost of the Apparatus Survey and/or the Management Information System Survey (as shall be applicable) from the Service Provider by means of a withdrawal from the Retention Fund Account or, if the Retention Fund Account has been exhausted, make, subject to clause 26.13 (Set off) a deduction from the next payment of the Monthly Unitary Charge or recover such amount as a debt payable on demand.