14 VARIATIONS
14.1 Both the MRTA and the Concessionaire shall have the right to request a variation to the scope of the Operating and Maintenance Services. Any such request from the Concessionaire shall be accompanied by a precise definition of the work to be added to or deleted from the obligations of the Concessionaire and a sum to be added to or deleted from the Payment divided as required in accordance with the Agreement. In the event that such a request is from the MRTA, the Concessionaire shall provide to the MRTA within a period of 21 days from receipt of such request a precise definition of the work to be added to or deleted from the obligations of the Concessionaire and a sum to be added to or deleted from the Payment divided as required in accordance with the Agreement.
15 PENALTY PAYMENTS FOR FAILURE TO PERFORM IN EACH MONTH
15.1 In each month, if the Services Levels fail to meet the service performance targets set out in these requirements; the Concessionaire shall pay to the MRTA under exclusion of any penalty in the amount specified in Appendix A of these requirements.
15.2 The procedure for assessing whether the Services Levels have met their defined service performance targets are set out in Appendix A. The Concessionaire shall provide details with appropriate back-up documentation from the daily operation or related manuals as to whether the Services Levels has met these targets in each month.
15.3 All sums payable pursuant to these requirements shall be payable by way of a penalty. Such penalty may be deducted by the MRTA from any Payment payable by the MRTA to the Concessionaire pursuant this Agreement.
15.4 The payment of penalty shall not relieve the Concessionaire from its obligation to ensure performance or from any of its other obligations and liabilities under this Agreement. The payment of penalty under these requirements shall be in addition to any compensation due elsewhere in this Agreement.
15.5 In no event shall the Concessionaire be relieved of its liability to pay penalty for failure to meet the service performance targets by reason of:
(a) The failure of the MRTA to provide suitable operations and maintenance manuals for Civil Infrastructure equipment or other contractors systems;
(b) Any insufficiency or deficiency in the supply of Agreement Spares;
(c) Any insufficiency in the supply of facilities or equipment at the depot;
(d) Any deficiency in the specification or number of items of maintenance equipment; or
(e) Any deficiency in the power, lighting, water supply, or compressed air facilities incorporated in the depot buildings.
15.6 The penalty calculated pursuant to the requirements of these requirements measures the extent by which the actual KPIs falls short of the service performance targets. The maximum amount of penalty payable in each month shall be 10 percent of the monthly Payment (excluding financing costs) in that year.