Common use of 49A Clause in Contracts

49A. As soon as possible after a Service Event has been notified to the Helpdesk or after DBFM Co has itself or by a Service Provider become aware of a Service Event, if it considers that the Service Event was caused by malicious damage by a person other than a DBFM Co Party, DBFM Co must verbally inform the Helpdesk and the Authority’s Representative (a “Malicious Damage Report”). Where it is reasonably practicable for it to do so without prejudicing its ability to achieve Rectification of the Service Event within the Rectification Period and subject to any immediate steps that it requires to take to make the Facilities safe, it must allow the Authority’s Representative an opportunity to inspect the evidence it relies on to support its claim that malicious damage caused the Service Event concerned before carrying out Rectification and, where this is not reasonably practicable, DBFM Co must take reasonable steps to preserve or record in a suitable manner any such evidence and forthwith make that record available to the Authority.

49A. As soon as possible after a Service Event has been notified to the Helpdesk or after DBFM Co has itself or by a Service Provider become aware of a Service Event, if it considers that the Service Event was caused by malicious damage by a person other than a DBFM Co Party, DBFM Co must verbally inform the Helpdesk and the Authority’s 's Representative (a “"Malicious Damage Report”"). Where it is reasonably practicable for it to do so without prejudicing its ability to achieve Rectification of the Service Event within the Rectification Period and subject to any immediate steps that it requires to take to make the Facilities safe, it must allow the Authority’s 's Representative an opportunity to inspect the evidence it relies on to support its claim that malicious damage caused the Service Event concerned before carrying out Rectification and, where this is not reasonably practicable, DBFM Co must take reasonable steps to preserve or record in a suitable manner any such evidence and forthwith make that record available to the Authority.