16.2.1  Acts of private party

(a)  Government will not provide Relief when:

(i)  any of the above events are caused (directly or indirectly) by the private party, any of the private party's related parties, agents or employees or any subcontractor (and in each case, whether as a result of their action or inaction including, as a result of a breach by the private party of its obligations under the project documents); or

(ii)  the occurrence or effects of an event are otherwise within the private party's control. This includes where the private party should have put in place appropriate contingency plans so as to reduce or avoid any effects on its ability to perform its obligations under the project documents.

(b)  Further, the private party will not be granted Relief from those obligations government would ordinarily expect the private party to comply with during a Relief Event (i.e. any obligation to reinstate or to provide certain critical facility management services which government would ordinarily expect to be provided during such events).