(a) If the Relief Event occurs during the design and construction phase, the Relief Event must cause a delay to Completion.54 There need only be a delay to an activity on the then actual critical path of the project.55
(b) Provided the private party has complied with its obligations for claiming Relief for the Relief Event, the Date for Completion will be extended by the number of days by which Completion will be delayed as a result of the Relief Event.
(c) Government may also grant relief from any other obligations as is reasonable given the nature of the Relief Event.
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54 Where there is a two staged Completion process, "Completion" in this context means Commercial. Acceptance and Technical Completion. Delay to Commercial Acceptance caused by a Relief Event will give rise to an entitlement to extend the Date for Commercial Acceptance. Delay to Technical Completion caused by a Relief Event will give rise to an entitlement to extend the Date for Technical Completion.
55 The critical path for the purposes of allowing extensions of time will be determined by taking into account the 'as bid' master works program and sub-programs, as updated and adjusted to reflect any allowances for extensions of time in accordance with the project agreement. The master works program and relevant sub-programs must be updated on a monthly basis (or other appropriate period determined on a project-specific basis) to ensure at all times they accurately and transparently reflect the progress of the works. The Project Director or independent certifier shall be entitled to review and comment on any such updated programs and the private party will respond promptly to any requests for further information regarding the accuracy of the relevant programs. The mechanism for calculating whether relief is available must operate in a transparent manner and government must be able to identify how any original contingency from the 'as bid' version is being used in any updated versions of the master works program and sub-programs.