16  Temporary Repairs

16.1  If Service Provider informs the Authority that it is unable to Rectify the Service Failure within the specified Rectification Time due to the need for specialised materials or personnel that are not, and cannot reasonably be expected to be, immediately available to the Service Provider but that a Temporary Repair can be effected:

(a)  the Authority shall permit the Service Provider to carry out the Temporary Repair proposed by Service Provider unless the Authority acting reasonably, considers that, if the Temporary Repair proposed by the Service Provider is carried out, the use of the Service Provider's System will not be in accordance with Good Industry Practice; and

(b)  where a Temporary Repair is permitted, a deadline by which a Permanent Repair must be made shall be set, giving the Service Provider a reasonable period within which to carry out the Permanent Repair (the "Permanent Repair Deadline").  Both the Authority and the Service Provider shall act reasonably in seeking to agree what the deadlines should be.

16.2  If the agreed Temporary Repair is effected within the specified Rectification Time and the Permanent Repair is effected by no later than the Permanent Repair Deadline no Service Failure will occur and no Deduction may be made in respect of the Service Failure.

16.3  If the Temporary Repair is not carried out within the specified Rectification Time, a Service Failure shall be deemed to occur.

16.4  If the Temporary Repair is not successfully carried out by Service Provider prior to the Permanent Repair Deadline, and no Permanent Repair has been successfully carried out, the right for Service Provider to carry out a Temporary Repair pursuant to paragraph 16.1 shall cease and paragraph 16.5 below shall apply.

16.5  If the Permanent Repair is not carried out by the Permanent Repair Deadline, a Service Failure shall be deemed to occur and the provisions of paragraphs 8 to 11 above shall apply.