Excluded Seasonal Works. 26.6.1 If the Excluded Seasonal Works are not completed in accordance with the New Works Requirements by the Planned Excluded Seasonal Works Completion Date the Company shall lodge the Excluded Seasonal Works Retention into an interest bearing account in the name of the Scottish Ministers (the “Seasonal Works Account”).
26.6.2 If the Excluded Seasonal Works are not completed in accordance with the New Works Requirements by the date falling 3 months after the Planned Excluded Seasonal Works Completion Date the Scottish Ministers shall be entitled at their discretion on written notice to the Company to carry out or procure the carrying out of the Excluded Seasonal Works by a third party, in which event:
a) if the Excluded Seasonal Works Retention is insufficient to meet the cost of the Excluded Seasonal Works, the Scottish Ministers shall be entitled to deduct the excess amount from the next following Monthly Unitary Charge (or any subsequent Monthly Unitary Charge, at the Scottish Ministers’ discretion); or
b) if the cost of the Excluded Seasonal Works is less than the Excluded Seasonal Works Retention, the balance shall be remitted to the Company within 20 Business Days of completion of the Excluded Seasonal Works by or on behalf of the Scottish Ministers.
26.6.3 If:
(a) the Excluded Seasonal Works have been completed in accordance with the New Works Requirements;
(b) the Excluded Seasonal Works have been paid for by the Company or by making deductions from the Seasonal Works Account; and
(c) no termination notice given under this Agreement is outstanding; the Scottish Ministers shall pay any credit balance on the Seasonal Works Account to the Company as soon as reasonably practicable.
