11  PROGRAMMED MAINTENANCE

11.1  Where the Contractor proposes to carry out Programmed Maintenance which may impact on the Educational Services at the Academy, the Authority will not authorise the carrying out of such maintenance by the Contractor without prior consultation with the Company Representative (and the Authority shall have due regard to any representations made). Where the Programmed Maintenance would, if implemented, have a material and adverse effect on the Educational Services at the Academy, the Authority will not authorise the carrying out of such maintenance without the prior consent of the Company.

11.2  The Authority shall provide the Company with a copy of the Contractor's schedule of Programmed Maintenance (insofar as it relates to the Academy) in each year of this Agreement. The Authority shall act reasonably and shall take the Company's comments on the Schedule of Programmed Maintenance into account when making submissions to the Contractor. Without prejudice to the generality of the foregoing:

11.2.1  the Company shall be entitled to raise comments on the Schedule of Programmed Maintenance and the Authority shall act reasonably and shall take the Company's comments on the Schedule of Programmed Maintenance into account when making submissions to the Contractor for variations to be made to the schedule of Programmed Maintenance under [clause 23.4.5] of the Project Agreement;

11.2.2  the Company shall, at any time, be entitled to request that the Authority require the Contractor to accelerate or defer any Programmed Maintenance in accordance with [clause 23.4.7 ]of the Project Agreement; and

11.2.3  where the schedule of Programmed Maintenance contains proposals which would, if implemented, have a material and adverse effect on the Educational Services at the Academy, the Authority shall make submissions to the Contractor for variations to be made to the schedule of Programmed Maintenance, as reasonably requested by the Company.