42.1 For the purposes of this Agreement, subject to Clause 42.4 (Mitigation), Relief Events mean any of the following events:137
(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 Force Majeure), earthquake, riot or civil commotion;
(b) failure by any statutory undertaker, utility company, local authority or other like body to carry out works or provide services;
(c) accidental loss or damage to the Works and/or Facilities or any roads servicing the same;
(d) without prejudice to any obligation of Project Co to provide stand-by power facilities in accordance with the Board's Construction Requirements, the Service Level Specifications [or the Interim Service Statements], failure or shortage of power, fuel or transport;
(e) blockade or embargo falling short of Force Majeure;
(f) the discovery of fossils, antiquities and human remains requiring action in accordance with Clause 24 (Fossils and Antiquities); or
(g) official or unofficial strike, lockout, go slow or other dispute in each case generally affecting the construction, building maintenance or facilities management industry (or a significant sector of that industry),
provided in each case that such event does not arise (directly or indirectly) as a result of any wilful act or default of the party claiming relief and/or (i) in the case of Project Co claiming relief, any Project Co Party and (ii) in the case of the Board claiming relief, any Board Party.
42.2 Subject to Clauses 42.3 and 42.4, no right of termination shall arise under this Agreement by reason of any failure by a party to perform any of its obligations under this Agreement to the extent that such failure to perform occurs because of the occurrence of a Relief Event (and, to avoid doubt, and without prejudice to Clause 42.9 (No Compensation), unless expressly stated to the contrary in this Agreement, it is acknowledged that all other rights and obligations of the parties under this Agreement remain unaffected by the occurrence of a Relief Event).
42.3 Without prejudice to Project Co's rights under Clause 41 (Delay Events), Project Co shall only be relieved of its obligations under Clauses 17 (The Design, Construction and Commissioning Process), 18 (Right of Access of Board's Representative), 19 (Programme and Dates for Completion), 22 (Pre-Completion Commissioning and Completion) and 41 (Delay Events) by Delay Events in accordance with Clause 41 (Delay Events).
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137 To the extent that it will not be possible for Project Co to investigate the site conditions of any area of the Site prior to financial close (due, for example, to occupation of the relevant site by the Board) Clause 15.3 provides relief to Project Co. In addition, should particular project specific circumstances warrant, the list of events could be extended to include other similar events with Scottish Government Health Directorates Private Finance and Capital Unit approval. However, Boards should not permit the inclusion of a "catch-all" provision to the extent that any event outside the control of the parties should be a Relief Event. Only approved specified events should be listed. Equally, Boards are free, on a project specific basis, to delete any item from this list if project specific circumstances merit although examples of this have been, and are expected to remain, extremely rare.