12.5.3  Temporary measures

(a)  The service fee will not be abated (or will be abated to a lesser extent) to the extent that the private party has adopted appropriate temporary measures, acceptable to government, to ameliorate or mitigate the consequences of an Availability Failure or Incident Failure that has not been permanently rectified within the specified period.

(b)  For an Availability Failure, the level of abatement may also be adjusted to reflect the extent to which government continues to use the facility although it is technically not available.