23.4  Schedule of Programmed Maintenance

(a)  No later than two (2) months prior to the Planned Services Availability Date [for each Facility], the Contractor shall submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a Schedule of Programmed Maintenance [for that Facility] for the period from the Planned Services Availability Date to the expiry of that Contract Year.

(b)  Not later than two (2) months prior to the commencement of each subsequent Contract Year the Contractor shall submit to the Authority's Representative in accordance with Schedule 8 (Review Procedure) a Schedule of Programmed Maintenance for that Contract Year.

(c)  Each Schedule of Programmed Maintenance shall contain the following information (the Programmed Maintenance Information):

(i)  details of the proposed start and end dates for each period of Programmed Maintenance, the works to be carried out and the proposed hours of work; and

(ii)  details of any effect of the Programmed Maintenance on the delivery of any of the Services.

(d)  Not later than twenty (20) Business Days prior to the commencement of any Contract Month, the Contractor may submit to the Authority's Representative in accordance with paragraph 3.1.7 of Schedule 8 (Review Procedure) a revision to the Schedule of Programmed Maintenance for the Contract Year in which the relevant Contract Month falls showing the effect of the proposed changes to the Programmed Maintenance Information.  If the Authority's Representative does not raise comments on such proposed revision in accordance with Schedule 8 (Review Procedure), the Schedule of Programmed Maintenance as revised shall become the Schedule of Programmed Maintenance in respect of that Contract Year.

(e)  Where the Authority's Representative raises comments in respect of any Programmed Maintenance periods and/or hours of work shown in a Schedule of Programmed Maintenance in accordance with paragraph 3.1.7 of Schedule 8 (Review Procedure), he shall indicate whether, and if so when, the Programmed Maintenance can be re-scheduled and the Contractor shall amend the relevant Schedule of Programmed Maintenance accordingly.

(f)  The Contractor shall not carry out any Programmed Maintenance save in accordance with a Schedule of Programmed Maintenance to which no objection has been made under Schedule 8 (Review Procedure) or, where comment has been raised in respect of the Programmed Maintenance periods and/or time, the Schedule of Programme Maintenance has been amended pursuant to clause 23 (Condition of the [Facility/Facilities].

(g)  Notwithstanding that there has been no objection to a Schedule of Programmed Maintenance, the Authority's Representative may, at any time, require the Contractor to accelerate or defer any Programmed Maintenance by giving written notice to the Contractor, (unless otherwise agreed) not less than forty (40) Business Days prior to the scheduled date for carrying out such Programmed Maintenance (where applicable, as accelerated), which notice shall set out the time and/or periods at or during which the Authority requires the Programmed Maintenance to be performed.  The Contractor shall, within ten (10) Business Days, notify the Authority of the amount of any additional reasonable costs which it will incur as a direct consequence of such acceleration or deferment (the Estimated Increased Maintenance Costs).  The Authority shall, within a further period of ten (10) Business Days following receipt by the Authority of notification of the amount of the Estimated Increased Maintenance Costs, at its option, either confirm or withdraw its request to accelerate or defer the Schedule of Programmed Maintenance.  If the Authority does not respond within this ten (10) Business Day period, the request shall be deemed to have been confirmed.  The Authority shall reimburse the Contractor the direct and reasonable costs actually incurred by the Contractor as a consequence of such acceleration or deferment up to, but not exceeding, the amount of the Estimated Increased Maintenance Costs.

(h)  Where Programmed Maintenance scheduled to be carried out in accordance with the Schedule of Programmed Maintenance has been deferred by the Authority's Representative under this clause 23 (Condition of the [Facility/Facilities], the Contractor shall not be treated as having failed to perform the Services on account of the condition of the [Facility/Facilities] or any part of [it/them] from the time the Programmed Maintenance was scheduled to have been completed until the time the deferred Programmed Maintenance was scheduled to have been completed, but not afterwards, provided always, to avoid doubt, that the Contractor shall not be relieved from the consequences of any failure to maintain the [Facility/Facilities] in respect of any period prior to the period for performing the particular work according to the Schedule of Programmed Maintenance.

(i)  [The Contractor shall deliver to the Authority's Representative not less than two (2) months prior to the first Planned Services Availability Date and two (2) months prior to the commencement of each subsequent Contract Year the latest version of the Five Year Maintenance Plan.]119

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119  This maintenance plan is optional.