Common use of Cell Condition Clause in Contracts

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 result of the failure by the State to carry out Prison Maintenance. (e) Any dispute as to a cell being unfit (or not fit) contrary to clause 10.5(a) is to be resolved using clause 27, but the time frames in sub clauses 27.1(a) and 27.2 are to be abridged to 5 days.

Cell Condition. (a) ‌ The Contractor must not accommodate Prisoners in any cell Cell at the Prison which is not fit Fit for purposePurpose. In order for a cell Cell to be fit Fit for purpose Purpose it must satisfy the following requirements: (i) the cell alarm, which has an integrated cell call intercom system to allow for emergency communicationcommunication during lock down periods, 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 handbasin must be fully operational; (vi) the cell 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 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 CCTV (if installed) must be installed and operational; (x) the furniture and fittings must be in serviceable condition; and (xi) the cell Cell must be free of health and safety hazards. (b) . The Contractor acknowledges that all cells Cells in the Prison are fit Fit for purpose Purpose as at the Commencement Date or Extended Operations Commencement Date, as subject to any issues identified by a review of Cell condition to be completed jointly by the case may be. The Contractor and the State must each maintain a register of cells which are fit for purpose. (c) prior to the Operations Commencement Date. The Contractor must notify the State as soon as practicable, but in any event within 24 hours, if any cell Cell ceases to be fit Fit for purpose Purpose and of the reasons why the cell Cell has ceased to be fit Fit for purposePurpose. If any Cell ceases to be Fit for Purpose, including not fit the Contractor must make the Cell Fit for purpose due to Purpose within the time frames set out in Schedule 3, or if no time frame is specified in Schedule 3, within a requirement for Prison Maintenancereasonable time notified by the State. The Contractor must notify the State as soon as practicable after it becomes aware that the cell Cell is fit Fit for purpose 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 result of the failure by the State to carry out Prison Maintenance. (e) Any dispute as to a cell being unfit (or not fit) contrary to clause 10.5(a) is to be resolved using clause 27, but the time frames in sub clauses 27.1(a) and 27.2 are to be abridged to 5 days.

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 communicationcommunication during lock down periods, 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 handbasin 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 Except as set out in section 2.4(d) of Schedule 4, the Contractor acknowledges that all cells in the Prison are fit for purpose as at the Commencement Date or Extended Date, subject to any issues identified by a review of cell condition to be completed jointly by the Contractor and the State prior to the 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 . If the reason that the cell is not fit for purpose is due to a requirement for Prison MaintenanceMaintenance or an act or omission of the Maintenance Contractor, the Contractor must notify the Maintenance Contractor at the same time as it notifies the State. 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 If one or more Prisoners must be moved out of 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 Prison because of unavailability of cells due to a failure requirement for Prison Maintenance or an act or omission of the Maintenance Contractor, the State must continue to pay the Contractor the Operation Payments as if those Prisoners remained at the Prison, provided that the State may deduct an amount equal to any cost savings achieved 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 result of the failure reduced number of Prisoners in the Prison. The Contractor must, on request by the State, provide the State to carry out Prison Maintenancewith a reasonable estimate of the cost savings achieved as a result of the reduced number of Prisoners at the Prison. (e) Any dispute as to a cell being unfit (or not fit) contrary to clause 10.5(a) is to be resolved using clause 27, but the time frames in sub clauses 27.1(a) and 27.2 are to be abridged to 5 days.

Cell Condition. ‌ (a) The Contractor must not accommodate Prisoners in any cell at the Prison Facility which is not fit for purpose. In order for a cell to be fit for purpose it must satisfy the following requirements:requirements (Cell Requirements): (i) the cell alarm, which has an integrated cell call intercom system to allow for emergency communicationcommunication during lock down periods, 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 handbasin 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 Facility are fit for purpose as at the Commencement Date or Extended Services Commencement Date, as subject to any issues identified in the case may be. The Contractor and the State must each maintain a register of cells which are fit for purposeagreed Enabling Works Plan. (c) The Contractor must notify the State Principal 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 Principal as soon as practicable after it becomes aware that the cell is fit for purpose again. Each of the State Principal 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 result of the failure by the State to carry out Prison Maintenance. (e) Any dispute as to a cell being unfit (or not fit) contrary to clause 10.5(a) is to be resolved using clause 27, but the time frames in sub clauses 27.1(a) and 27.2 are to be abridged to 5 days.

Cell Condition. (a) The Contractor must not accommodate Prisoners in any cell at the Prison Facility which is not fit for purpose. In order for a cell to be fit for purpose it must satisfy the following requirements:requirements (Cell Requirements): (i) the cell alarm, which has an integrated cell call intercom system to allow for emergency communicationcommunication during lock down periods, 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 handbasin 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 Facility are fit for purpose as at the Commencement Date or Extended Services Commencement Date, as subject to any issues identified in the case may be. The Contractor and the State must each maintain a register of cells which are fit for purposeagreed Enabling Works Plan. (c) The Contractor must notify the State Principal 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 Principal as soon as practicable after it becomes aware that the cell is fit for purpose again. Each of the State Principal 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 result of the failure by the State to carry out Prison Maintenance. (e) Any dispute as to a cell being unfit (or not fit) contrary to clause 10.5(a) is to be resolved using clause 27, but the time frames in sub clauses 27.1(a) and 27.2 are to be abridged to 5 days.