5.3.2.1 The required drafting for Relief Events is as follows:
means:93
(a) fire, explosion, lightning, storm, tempest, flood, bursting or overflowing of water tanks, apparatus or pipes, ionising radiation (to the extent it does not constitute a Force Majeure Event),94 earthquakes, riot and civil commotion;
(b) failure by any statutory undertaker, utility company, public sector authority95 or other like body to carry out works or provide services;
(c) any accidental loss or damage [to the development96 or any roads servicing it];
(d) any failure or shortage of power, fuel or transport;
(e) any blockade or embargo which does not constitute a Force Majeure Event;97 and
(f) any:
(i) official or unofficial strike;
(ii) lockout;
(iii) go-slow; or
(iv) other dispute,
generally affecting the [ ] industry98 or a significant sector of it,
unless any of the events listed in paragraphs (a) to (f) inclusive arises (directly or indirectly) as a result of any wilful default or wilful act of the Contractor99 or any of its sub-contractors.
5.3.2.2 The Contract will have similar provisions during both the construction/ development phase and the Service Period. In addition, as mentioned in Section 5.1.5, the above list of events may be extended to include other similar events if the circumstances warrant. Force majeure delays should be excluded (see Section 5.4 (Force Majeure Events)) as they are treated separately. In addition, in circumstances where the Contract imposes a long-stop date for Service Commencement (see Section 4.5 (Long-Stop Date)) the scope of Relief Events may be extended to cover further events (e.g. unforeseen ground conditions) given that the financial risks associated with such events will remain with the Contractor, though in ordinary circumstances allowance will already have been made for such contingence when setting the Long Stop Date.
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93 This list can be extended or tailored for specific sectors (e.g. the unintentional introduction of a virus in a project with an IT element) provided that the commercial risk of the occurrence of such events clearly still lies with the Contractor. Authorities should be aware that the issues relating to termination rectification should restrict the list to events (other than those set out above) over which the Contractor has no control. There will also be circumstances in which the uninsurability of particular risks may require relief treatment in order to prevent either party from terminating the Contract (see Section 25.10 (Risks that become Uninsurable)).
94 Force Majeure Events are defined in Section 5.4.
95 In the context of a public sector authority project see Section 1.4.4.
96 More specific reference may, as appropriate, be used (such as Facilities or Works).
97 See footnote 94 above.
98 This will be the principal industry relating to the project concerned. For example, in an accommodation project this will include the building maintenance or facilities management industries.
99 See also Section 21.2.4.3 in relation to Relief Events occurring during rectification periods for Contractor Default.