17.2.1  Acts of private party

Compensation will not be given when:

(a)  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

(b)  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.