8 Fraudulent or Erroneous Reporting

8.1 Subject to paragraphs 8.2 to 8.5 inclusive below, the Performance Monitoring Report shall be the source of the factual information regarding the performance of the Services for the relevant Contract Month for the purposes of calculating the Monthly Unitary Payment.

8.2 If there is any error or omission in the Performance Monitoring Report for any Contract Month, the Contractor and the Authority shall agree the amendment to the Performance Monitoring Report or, failing agreement within ten (10) days of notification of the error or omission either party may refer the matter to the Dispute Resolution Procedure.

8.3 If the failure or omission referred to in paragraph 8.2 is a result of the Contractor failing to monitor or accurately report an Event or Failure Event then, without prejudice to the Deduction to be made in respect of the relevant Failure Event (if any), such failure to monitor or report the Event or Failure Event shall be deemed to be a new Performance Failure in respect of each Event or Failure Event not report or reported inaccurately (with no Rectification Time and/or Containment Time applicable). If the circumstances set out in paragraph 8.6 below apply, the Failure Event shall be deemed to be the equivalent of five (5) Performance Failures (with no Rectification Time and/or Containment Time applicable).

8.4 Without prejudice to clause 26 (Performance Monitoring), where the Contractor fails to monitor or accurately report a Failure Event the Contractor shall, at its own cost, supply the Authority with a copy of all of its records in relation to the recording, monitoring and/or rectifying of Failure Events on an open book basis and access to all information, processes and computer programs used to calculate the Deductions so that the Authority can inspect and investigate such records. The Contractor shall, upon submission of a valid invoice, pay to the Authority a sum equal to the costs reasonably incurred by the Authority in carrying out any inspection and investigation of records made available pursuant to this paragraph 8.4.

8.5 In the event that the Authority's inspection or investigation of records made available pursuant to paragraph 8.4 above reveals any further matters of the type referred to in paragraph 8.3 above, those matters shall be dealt with in accordance with paragraphs 8.3 and/or 8.4 (as appropriate). In addition the Authority shall be entitled to make Deductions in respect of any Failure Events revealed by such inspection or investigation which did not previously attract any or the correct amount of Deduction. Any such Deductions shall be made from the Unitary Charge payable in respect of the Contract Month in which the relevant matters were revealed by the Authority's investigations or, to the extent that the Authority is unable to make any further Deductions from the Unitary Charge in respect of that Contract Month by virtue of paragraph 3 of Part 1 of this Schedule, may be carried forward and deducted from the Unitary Charge due in respect of subsequent Contract Months.

8.6 For the purposes of paragraphs 8.3 and 8.5 above the relevant circumstances are (in each case on the part of the Contractor or a Contractor Related Party):

(a) fraudulent action or inaction; or

(b) deliberate misrepresentation; or

(d) the failure by the Contractor to log or report a relevant Event or Failure Event notified by the Authority to the Help Desk or a member of Staff provided such notification was made within twenty (20) Working Days of the Authority being aware (with reasonable grounds) of the relevant Event or Failure Event.