Cell Condition Sample Clauses

Cell Condition. (a) The Contractor must not accommodate Prisoners in any cell at the Prison which is not fit for purpose. In order for a cell to be fit for purpose it must satisfy the following requirements: (i) the cell alarm, which has an integrated cell call intercom system to allow for emergency communication, must be fully operational; (ii) the fire and smoke detection system must be fully operational; (iii) the officer lock on the cell door must be fully operational and the inspection window on the cell door must be enclosed with hardened transparent material; (iv) the window and frame must be secure and in good condition; (v) the toilet, shower and hand basin must be fully operational; (vi) the cell must have access to a supply of potable water; (vii) the cell inspection lights must be fully operational; (viii) all power and light fittings must be safe; (ix) if the cell is used for a special purpose such as punishment, observation or crisis care, it must be free of any hanging points and closed circuit television must be installed and operational; (x) the furniture and fittings must be in serviceable condition; and (xi) the cell must be free of health and safety hazards. (b) The Contractor acknowledges that all cells in the Prison are fit for purpose as at the Commencement Date or Extended Commencement Date, as the case may be. The Contractor and the State must each maintain a register of cells which are fit for purpose. (c) The Contractor must notify the State as soon as practicable, but in any event within 24 hours, if any cell ceases to be fit for purpose and of the reasons why the cell has ceased to be fit for purpose, including not fit for purpose due to a requirement for Prison Maintenance. The Contractor must notify the State as soon as practicable after it becomes aware that the cell is fit for purpose again. Each of the State and the Contractor must update its register of cells by reference to the notifications under this subclause. (d) Subject to the Contractor's compliance with its obligations in clause 10.3(c) and 10.5(c), if the Cell Conditions for a cell are not satisfied solely due to a failure by the State to carry out Prison Maintenance: (i) the Cell Conditions for that cell will be deemed to be satisfied for the purposes of calculating the Actual Available Prisoner Accommodation Days (APADa) pursuant to Schedule 2; and (ii) the Contractor will not be in breach of this Agreement if any breach of the Contractor's Obligations arises as a direct resul...