51.6  Replacement of a non-performing Service Contractor

The Authority may, in its discretion, require the Service Provider by written notice to terminate the provision of any Market Tested Service pursuant to the Services Contract [or procure the termination of the provision of any Market Tested Service pursuant to any relevant Sub‑Contract (not being the Services Contract) (as the case may be)] and procure that a replacement sub-contractor is appointed in accordance with clause 69 (Assignment and Sub‑Contracting) to provide all those parts of the Market Tested Services which were performed pursuant to the Services Contract or previous sub-contract (as the case may be):

(a)  within sixty (60) Business Days, as an alternative to termination of this Agreement pursuant to the provisions of this clause 51 and clause 52 (Persistent Breach) in any circumstance in which the Authority could exercise such power; or

(b)  within the period required to operate the procedures of the Market Testing Procedure, if the Service Provider receives more than the number of Service Failure Points listed against that Service in [specify where] a rolling  month period51.

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51  Where failure is in relation to the FM Services the rights under this clause are probably inappropriate and the Authority should rely on its right to terminate the Agreement.