28.5  Increased Monitoring Notices

Without prejudice to the Authority's rights under clause 51 (Termination on Service Provider Default) and any other express rights under this Agreement, if at any time the Service Provider has:

(a)  committed any material breach of its obligations under this Agreement; or

(b)  in relation to any Service, accrued more than the number of Service Failure Points in any one month rolling period listed against that Service in Part E of the Payment Mechanism,

then the Authority may give written notice (Increased Monitoring Notice) to the Service Provider setting out the matter or matters giving rise to such notice and containing a reminder to the Service Provider of the implications of such notice.  Any such notice shall state on its face that it is an Increased Monitoring Notice.