TERM, THE SPARES INVENTORY IS NOT AT THE LEVELS REQUIRED BY THIS
AGREEMENT, INCLUDING THE REQUIREMENTS DOCUMENT AND THE SOLUTION DOCUMENTATION,
THE CONTRACTOR MUST EITHER:
(I)
RESTOCK THE SPARES INVENTORY TO THE LEVELS REQUIRED AT NO
EXPENSE TO THE CONTRACTOR; OR
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(II)
PAY TO THE PRINCIPAL AN AMOUNT EQUAL TO THE COST OF
RESTOCKING THE SPARES INVENTORY TO THE LEVELS REQUIRED,
within 10 Business Days of the expiration or earlier termination of the Core
Services Term.
(D)
UPON COMMENCEMENT OF THE CORE SERVICES TERM AND ON THE SAME
DATE IN EACH SUBSEQUENT MONTH WHICH CORRESPONDS TO THAT DATE, THE CONTRACTOR
MUST PROVIDE A LIST OF THE SPARES INVENTORY TO THE PRINCIPAL.
23.9
VANDALISM
(A)
THE CONTRACTOR MUST NOTIFY THE PRINCIPAL, AS SOON AS
REASONABLY PRACTICABLE AFTER IT BECOMES AWARE AND IN EACH MONTHLY INVOICE, OF
ANY ACT OF VANDALISM AND, IN RELATION TO EACH ACT OF VANDALISM:
(I)
THE DEVICE AFFECTED;
(II)
THE VANDALISM CATEGORY INTO WHICH THE VANDALISM FALLS;
(III)
THE VANDALISM COSTS;
(IV)
INFORMATION AND DOCUMENTS TO SUBSTANTIATE THE VANDALISM
COSTS; AND
(V)
THE EQUIVALENT INCIDENT UNITS,
and the total Equivalent Incident Units for the relevant month.
(B)
EACH OF THE OPERATORS AND THE PRINCIPAL MAY NOTIFY THE
CONTRACTOR OF ANY ITEM OF EQUIPMENT WHICH IT BELIEVES HAS BEEN DAMAGED AS A
RESULT OF VANDALISM.
(C)
SUBJECT TO CLAUSE 23.9(E), DURING THE CORE SERVICES TERM AS
PART OF THE DEVICE MANAGEMENT SERVICES THE CONTRACTOR MUST, IN RESPECT OF ANY
DEVICE WHICH HAS BEEN DAMAGED AS A RESULT OF VANDALISM:
(I)
INSPECT THE DEVICE; AND
(II)
REPAIR, RECTIFY OR REPLACE THE DEVICE (AS APPROPRIATE),
at the Contractor's cost.
(D)
THE PARTIES ACKNOWLEDGE THAT THERE MAY OCCUR:
(I)
WITHIN THE TWELVE MONTH PERIOD COMMENCING ON THE COMPLETION
DATE FOR THE NTS REGIONAL AND METROPOLITAN IMPLEMENTATION COMPLETION PHASE, A
CONCENTRATED ATTACK ON THE SOLUTION WHICH INVOLVES A SIGNIFICANT NUMBER OF
INCIDENTS OF THE SAME OR SIMILAR TYPE WHICH COULD NOT REASONABLY HAVE BEEN
FORESEEN AS AT THE COMMENCEMENT OF THAT TWELVE MONTH PERIOD BY THE CONTRACTOR AS
ACTS OF VANDALISM; OR
(II)
A SIGNIFICANT INCREASE IN MULTIPLE OCCURRENCES OF ANY ONE
VANDALISM CATEGORY WHICH CAUSES A SIGNIFICANT DOWN TIME OF ALL OR ANY PART OF
THE SOLUTION.
If the Contractor reasonably considers that such acts of Vandalism have
occurred, it will refer the specified acts to the Principal.
If the Principal
agrees that such acts of Vandalism have occurred such acts of Vandalism will be
designated "Spate".
If the Principal does not agree that such acts of Vandalism
have occurred, the Contractor
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may refer the matter to the Expert to make a determination as to whether such
acts of Vandalism have occurred.
If the Expert determines that such acts of
Vandalism have occurred such acts of Vandalism will be designated as "Spate".
(E)
SUBJECT TO CLAUSE 23.9(F), THE PRINCIPAL WILL PAY:
(I)
THE VANDALISM COSTS IN RELATION TO ANY DEVICE DAMAGED BY
SPATE; AND
(II)
HALF OF THE VANDALISM COSTS IN RELATION TO ANY DEVICE
DAMAGED BY