Common use of Temporary Repairs Clause in Contracts

Temporary Repairs. If Project Co informs the Authority that it is unable to Rectify a Service Event within the specified Rectification Period due to the need for specialised materials or personnel that are not, and cannot reasonably be expected to be, immediately available at the Facilities but that a Temporary Repair can be effected: Project Co may carry out the Temporary Repair proposed by Project Co unless the Authority, acting reasonably, considers that, if the Temporary Repair proposed by Project Co is carried out, the relevant Functional Area will not be fit for use for the Authority Services for which it is normally used; and where a Temporary Repair is permitted pursuant to paragraph 213.4, the Authority and Project Co must act reasonably to agree a date and time (the “Permanent Repair Deadline”) by which a Permanent Repair must be made, giving Project Co a reasonable period within which to carry out the Permanent Repair. During any period beginning at the time when a Temporary Repair has been approved by the Authority and ending at the earlier of: the time at which a Permanent Repair is successfully completed; and the Permanent Repair Deadline, the Availability Standards will be replaced by the Minimum Agreed Availability Standards. If an agreed Temporary Repair is completed by Project Co before the Permanent Repair Deadline and results in the Functional Area affected by the relevant Service Event satisfying the Minimum Agreed Availability Standards, the date and time shown in the Helpdesk records maintained by Project Co in accordance with the Service Level Specification as being the date and time when the Temporary Repair was completed (or, in the event that a failure affecting the Helpdesk occurs, as shown on the manual Helpdesk records maintained by Project Co as being the date and time when the Temporary Repair was completed) shall be deemed to be the Logged Rectification Time for that Service Event for the purpose of determining the value of DP in the formula in paragraph 210 (Deductions for Availability Failures) in Section 3 (Deductions from Monthly Service Payments) of this Schedule Part 14 (Payment Mechanism). If the Permanent Repair is not carried out by the Permanent Repair Deadline, a Performance Failure or, as the case may be, an Availability Failure, will occur at that date and time and the provisions of paragraph 208 (Deductions for Performance Failures), paragraph 210 (Deductions for Availability Failures) and, if applicable, paragraph 211 (Repeated Failures) of Section 3 (Deductions from Monthly Service Payments) of this Schedule Part 14 (Payment Mechanism) shall apply.

Temporary Repairs. If Project DBFM Co informs the Authority that it is unable to Rectify a Service Event within the specified Rectification Period due to the need for specialised materials or personnel that are not, and cannot reasonably be expected to be, immediately available at the Facilities but that a Temporary Repair can be effected: Project DBFM Co may carry out the Temporary Repair proposed by Project DBFM Co unless the Authority, acting reasonably, considers that, if the Temporary Repair proposed by Project DBFM Co is carried out, the relevant Functional Area will not be fit for use for the Authority Community Services for which it is normally used; and where a Temporary Repair is permitted pursuant to paragraph 213.41.1, the Authority and Project DBFM Co must act reasonably to agree a date and time (the “Permanent Repair Deadline”) by which a Permanent Repair must be made, giving Project DBFM Co a reasonable period within which to carry out the Permanent Repair. During any period beginning at the time when a Temporary Repair has been approved by the Authority and ending at the earlier of: the time at which a Permanent Repair is successfully completed; and the Permanent Repair Deadline, the Availability Standards will be replaced by the Minimum Agreed Availability Standards. If an agreed Temporary Repair is completed by Project DBFM Co before the Permanent Repair Deadline and results in the Functional Area affected by the relevant Service Event satisfying the Minimum Agreed Availability Standards, the date and time shown in the Helpdesk records maintained by Project DBFM Co in accordance with the Service Level Specification as being the date and time when the Temporary Repair was completed (or, in the event that a failure affecting the Helpdesk occurs, as shown on the manual Helpdesk records maintained by Project DBFM Co as being the date and time when the Temporary Repair was completed) shall be deemed to be the Logged Rectification Time for that Service Event for the purpose of determining the value of DP in the formula in paragraph 210 4 (Deductions for Availability Failures) in Section 3 (Deductions from Monthly Service Payments) of this Schedule Part 14 (Payment Mechanism). If the Permanent Repair is not carried out by the Permanent Repair Deadline, a Performance Failure or, as the case may be, an Availability Failure, will occur at that date and time and the provisions of paragraph 208 2 (Deductions for Performance Failures), paragraph 210 4 (Deductions for Availability Failures) and, if applicable, paragraph 211 5 (Repeated Failures) of Section 3 (Deductions from Monthly Service Payments) of this Schedule Part 14 (Payment Mechanism) shall apply.

Temporary Repairs. If Project Co informs the Authority that it is unable to Rectify a Service Event within the specified Rectification Period due to the need for specialised materials or personnel that are not, and cannot reasonably be expected to be, immediately available at the Facilities but that a Temporary Repair can be effected: Project Co may carry out the Temporary Repair proposed by Project Co unless the Authority, acting reasonably, considers that, if the Temporary Repair proposed by Project Co is carried out, the relevant Functional Area will not be fit for use for the Authority Services for which it is normally used; and where a Temporary Repair is permitted pursuant to paragraph 213.41.1, the Authority and Project Co must act reasonably to agree a date and time (the “Permanent Repair Deadline”) by which a Permanent Repair must be made, giving Project Co a reasonable period within which to carry out the Permanent Repair. During any period beginning at the time when a Temporary Repair has been approved by the Authority and ending at the earlier of: the time at which a Permanent Repair is successfully completed; and the Permanent Repair Deadline, the Availability Standards will be replaced by the Minimum Agreed Availability Standards. If an agreed Temporary Repair is completed by Project Co before the Permanent Repair Deadline and results in the Functional Area affected by the relevant Service Event satisfying the Minimum Agreed Availability Standards, the date and time shown in the Helpdesk records maintained by Project Co in accordance with the Service Level Specification as being the date and time when the Temporary Repair was completed (or, in the event that a failure affecting the Helpdesk occurs, as shown on the manual Helpdesk records maintained by Project Co as being the date and time when the Temporary Repair was completed) shall be deemed to be the Logged Rectification Time for that Service Event for the purpose of determining the value of DP in the formula in paragraph 210 4 (Deductions for Availability Failures) in Section 3 (Deductions from Monthly Service Payments) of this Schedule Part 14 (Payment Mechanism). If the Permanent Repair is not carried out by the Permanent Repair Deadline, a Performance Failure or, as the case may be, an Availability Failure, will occur at that date and time and the provisions of paragraph 208 2 (Deductions for Performance Failures), paragraph 210 4 (Deductions for Availability Failures) and, if applicable, paragraph 211 5 (Repeated Failures) of Section 3 (Deductions from Monthly Service Payments) of this Schedule Part 14 (Payment Mechanism) shall apply.

Temporary Repairs. If Project Co Sub-hubco informs the Authority that it is unable to Rectify a Service Event within the specified Rectification Period due to the need for specialised materials or personnel that are not, and cannot reasonably be expected to be, immediately available at the Facilities but that a Temporary Repair can be effected: Project Co Sub-hubco may carry out the Temporary Repair proposed by Project Co Sub-hubco unless the Authority, acting reasonably, considers that, if the Temporary Repair proposed by Project Co Sub-hubco is carried out, the relevant Functional Area will not be fit for use for the Authority Community Services for which it is normally used; and where a Temporary Repair is permitted pursuant to paragraph 213.41.1, the Authority and Project Co Sub-hubco must act reasonably to agree a date and time (the “Permanent Repair Deadline”) by which a Permanent Repair must be made, giving Project Co Sub-hubco a reasonable period within which to carry out the Permanent Repair. During any period beginning at the time when a Temporary Repair has been approved by the Authority and ending at the earlier of: the time at which a Permanent Repair is successfully completed; and the Permanent Repair Deadline, the Availability Standards will be replaced by the Minimum Agreed Availability Standards. If an agreed Temporary Repair is completed by Project Co Sub-hubco before the Permanent Repair Deadline and results in the Functional Area affected by the relevant Service Event satisfying the Minimum Agreed Availability Standards, the date and time shown in the Helpdesk records maintained by Project Co Sub-hubco in accordance with the Service Level Specification as being the date and time when the Temporary Repair was completed (or, in the event that a failure affecting the Helpdesk occurs, as shown on the manual Helpdesk records maintained by Project Co Sub-hubco as being the date and time when the Temporary Repair was completed) shall be deemed to be the Logged Rectification Time for that Service Event for the purpose of determining the value of DP in the formula in paragraph 210 4 (Deductions for Availability Failures) in Section 3 (Deductions from Monthly Service Payments) of this Schedule Part 14 (Payment Mechanism). If the Permanent Repair is not carried out by the Permanent Repair Deadline, a Performance Failure or, as the case may be, an Availability Failure, will occur at that date and time and the provisions of paragraph 208 2 (Deductions for Performance Failures), paragraph 210 4 (Deductions for Availability Failures) and, if applicable, paragraph 211 5 (Repeated Failures) of Section 3 (Deductions from Monthly Service Payments) of this Schedule Part 14 (Payment Mechanism) shall apply.