8.2.  Authority Monitoring

8.2.1.  The Authority may elect, at its own cost, to undertake its own performance monitoring at any stage during the Service Period for any purpose, including the following:

a)  in order to ensure that the Services are being provided in accordance with this Agreement; and

b)  to ensure that the Service Provider is complying with the provisions of the Code.

8.2.2.  The Service Provider shall use its reasonable endeavours to assist the Authority in any performance monitoring exercise under clause 8.2.1.  The Authority shall be entitled to notify the Service Provider of the outcome of the performance monitoring exercise, and the Service Provider shall have due regard to the Authority's comments in relation to the future provision of the Services.

8.2.3.  Without prejudice to the Authority's rights under clauses 49 (Practical Remedies and Persistent Breach) and 50 (Termination on Service Provider Default) and to any other express rights under this Agreement, where the Service Provider has been found to be fraudulent or have submitted erroneous reports or the Authority reasonably believes such reports to be misleading the Authority may, by notice to the Service Provider, increase the level of its monitoring of the Service Provider, or (at the Authority's option), of the Service Provider's monitoring of its own performance of its obligations under this Agreement in respect of the relevant Service or Services the subject of such fraudulent, erroneous or misleading reporting until such time as the Service Provider shall have demonstrated to the reasonable satisfaction of the Authority that it will perform (and is capable of performing) its obligations under this Agreement, in which case, the following provisions shall apply:

a)  any such notice to the Service Provider shall specify in reasonable detail the additional measures to be taken by the Authority or by the Service Provider (as the case may be) in monitoring the performance of the Service Provider;

b)  if the Service Provider (acting reasonably) objects to any of the specified measures on the grounds that they are excessive it shall notify the Authority in writing within two (2) Business Days of the receipt of the notice of the measures objected to (and of any changes necessary in order to prevent prejudice to the Service Provider's performance of its obligations under this Agreement);

c)  the measures to be taken by the Authority and the Service Provider (as the case may be) shall be agreed between the parties or, in the absence of agreement within five (5) Business Days of the Authority's receipt of the Service Provider's objection, determined pursuant to the Dispute Resolution Procedure; and

d)  the Service Provider shall bear its own costs and indemnify and keep the Authority indemnified at all times from and against all costs and expenses incurred by or on behalf of the Authority in relation to such increased level of monitoring.