(a) Relief Events may occur in either the design and construction phase of the project or the operating phase of the project. There may be different Relief Events in the design and construction phase compared to the operating phase.
(b) Relief Events will entitle the private party to relief from default/termination and from abatement during the operational phase.
(c) Relief Events that occur during the design and construction phase will, provided certain conditions are met, entitle the private party to an extension of time to the Date for Completion and relief from any other obligations as is reasonable given the nature of the Relief Event. They may also entitle the private party to an extension to the operating term.
(d) Relief Events that occur during the operating phase will, provided certain conditions are met, entitle the private party to relief from default/termination for failure to provide the Contracted Services in accordance with the Services Specifications and other requirements of the project agreement. They will also entitle relief from abatement.
(e) The specific Relief Events will differ for project specific reasons, but will generally fall within the following categories of events:
(i) fire, flood or explosion (to the extent it does not constitute a Force Majeure Event);
(ii)
(iii) an act or omission by government or relevant government-related parties49 at the facility/site (but only in their capacity as a contracting party) other than:
• the performance of the core services or any act or omission authorised or permitted under the Project Contracts; or
• an act or omission which is a reasonably foreseeable consequence of the performance of the core services50 or other authorised/permitted acts or omissions51;
(iv) failure by an authority (including a utility provider) to carry out works or provide services which it is obliged to carry out or provide (where the relevant authority has not acted in accordance with its statutory powers);
(v) any site specific blockade or embargo;
(vi)
(vii) any event or occurrence (outside the control of either party) which deprives possession of, or access to, the project site other than any event or occurrence arising from third party rights to use or access the site; and
(viii)
(ix)
(x) any disruption or delay caused by a third party (other than the private party) engaged by government to undertake additional capital works or services on the site53 (noting that this is a Relief Event and not a Compensation Event)
(xi) Compensation Events (as defined in Chapter 17 (Compensation Events)).
(f) Additional events should only be adopted where this is warranted by the unique features of the project.
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48 Different jurisdictions may define Relief Events by various names, depending on whether they occur during the design and construction or operational phases, for example during the design and construction phase, "Extension of Time Events", "Extension Events", and during the operational phase "Intervening Events" or "Government Extension Events".
49 What constitutes a government-related party will depend on the nature of the project, although it is intended to capture government employees, consultants and other parties at the site which are appointed by government or whom government effectively controls (for example, as a result of delivering the core services). The focus of that risk will depend on the nature of each of the Contracted services and core services and the level of interface between them.
50 This is intended to also capture ancillary services incidental to or otherwise in support of the core services.
51 Government's role as contracting party is separate from its role as being responsible for the general administration of government affairs. Accordingly, the Relief Events in paragraph (ii) only capture acts or omissions (including breaches) of government in its capacity as a contracting party, not acts and omissions carried out in its role as general administrator of government affairs. Please also refer to paragraph 1.6.4 of Chapter 1 (Contractual issues).
53 Relief under this event may be conditional on the private party entering into reasonable and appropriate interface agreements with the relevant government contractors and will not be granted if the third party has acted in compliance with that agreement.