6  Rescheduled Rectification

6.1  The Contractor may, if it reasonably considers that it is unable to achieve any Rectification Time applying to an Event, request that the Authority agree to the rescheduling of the Rectification Time.  Such request shall [be in writing] and shall be made before expiry of the Rectification Time (other than in the case of where it is not reasonably practicable to do so to a High Priority Level Event in which case the Contractor should notify the Authority as soon as possible).  The Contractor shall set out in such notice the alternative time and date by which it wishes to complete the Rectification together with reasons for rescheduling the Rectification which shall be one of the following:

(a)  the activity required to achieve Rectification is better carried out at a later time; or

(b)  in the case of Sports Equipment only, the Contractor does not have in stock a part which is necessary to achieve Rectification provided the Contractor can demonstrate that it is maintaining stock is in line with Good Industry Practice; or

(c)  in the case of Sports Equipment only, the Contractor does not have in stock or is unable to replace a part which is necessary to achieve Rectification due to the obsolescence of that part; or

(d)  the circumstances of the Event are such that Rectification within the scheduled Rectification Time cannot reasonably be achieved by the Contractor acting in accordance with Good Industry Practice,

and provided that in all circumstances Containment (where applicable) has been achieved or where Containment is not specified, the failure to Rectify in the Rectification Time will not be a breach of Legislation or lead to a risk of death or personal injury to any person or lead to material damage to the Facility (or any part thereof).

6.2  If the Contractor can demonstrate to the Authority's satisfaction that the criteria in paragraph 6.1  have been satisfied, the Authority may, acting reasonably, permit the Contractor to carry out the Rectification at the alternative time and/or date set out in the notice referred to in paragraph 6.1 (the "Rescheduled Rectification Time").

6.3  If the Event, which gave rise to the rescheduled Rectification, is not Rectified within Rescheduled Rectification Time due to the failure of a third party to supply a part or the obsolescence of a part, then the Contractor may (prior to expiry of the Rescheduled Rectification Time) apply to the Authority for a further extension to the Rescheduled Rectification Time  on one further occasion only.  

6.4  Each Rescheduled Rectification Time shall be logged by the Helpdesk. If the Event which has been given a Rescheduled Rectification Time has:

(a)  not been Rectified within the Rescheduled Rectification Time then the Contractor shall suffer a Deduction for such Failure Event from the Notification Time until the Failure Event is Rectified; or

(b)  been Rectified within the Rescheduled Rectification Time the Contractor shall not suffer any Deductions.