Compensation

29.9  If the Delay Event is a Compensation Event Sub-hubco's sole right to compensation shall be as provided for in Clauses 29.11 to 29.13 inclusive. To avoid doubt, no other Delay Event shall entitle Sub-hubco to receive any compensation save as otherwise expressly provided in:

29.9.1  Schedule Part 16 (Change Protocol) in the case of a Delay Event referred to in Clause 29.3.1 (subject always to the provisions of Clause 32 (Changes in Law)); or

29.9.2  Clause 32 (Changes in Law) in the case of a Delay Event referred to in Clause 29.3.7

29.10  For the purposes of Clause 29.9, a Compensation Event means:

29.10.1  any Delay Event referred to in Clause 29.3.2, Clause 29.3.3 or Clause 29.3.4 for which, in each case, it has been agreed or determined pursuant to this Clause 29 (Delay Events) that Sub-hubco is entitled to an extension of time;

29.10.2  in the period prior to the Actual Completion Date [a Phase Actual Completion Date], in circumstances where there is no delay in completion of the Facilities [relevant Phase] any breach by the Authority and/or any Authority Party of any of the Authority's express obligations under this Agreement to the extent that such breach is not caused, or contributed to, by Sub-hubco or any Sub-hubco Party; [or

29.10.3  the occurrence of circumstances deemed to be a Compensation Event pursuant to Clause 10.4].

29.11  Subject to Clause 29.12, if it is agreed, or determined, that there has been a Compensation Event, and Sub-hubco has incurred loss (including loss of revenue) and/or expense as a direct result of such Compensation Event, Sub-hubco shall be entitled to such compensation as would place Sub-hubco in no better or worse position than it would have been in had the relevant Compensation Event not occurred. Sub-hubco shall promptly provide the Authority's Representative with any additional information he may require in order to determine the amount of such compensation.

29.12  Sub-hubco shall take all reasonable steps so as to minimise the loss and/or expense referred to in Clause 29.11 in relation to any Compensation Event and any compensation payable shall:

29.12.1  exclude any amounts incurred or to be incurred as a result of any failure of Sub-hubco (or any Sub-hubco Party) to comply with this Clause 29.12; and

29.12.2  be reduced by any amount which Sub-hubco has recovered or will recover under any insurance policy (or would have recovered if it had complied with the requirements of this Agreement or of any policy of insurance required under this Agreement) which amount, to avoid doubt, shall not include any excess or deductibles or any amount over the maximum amount insured applicable to any such insurance policy.

29.13  The amount of any compensation due to Sub-hubco under Clause 29.11 shall be agreed between the parties or, failing agreement, determined pursuant to Schedule Part 20 (Dispute Resolution Procedure) and such compensation shall be payable:

29.13.1  in respect of compensation for a Compensation Event to the extent resulting in Capital Expenditure being incurred the Authority shall compensate Sub-hubco for the actual Capital Expenditure incurred by Sub-hubco within twenty (20) Business Days of its receipt of a written demand accompanied by a valid VAT invoice for the same by Sub-hubco supported by all relevant information; and

29.13.2  in all other cases in accordance with Section 6 (Changing the Financial Model) of Schedule Part 16 (Change Protocol) as if a Relevant Event had taken place.