3.  SHARING OF EXCEPTIONAL COST AND EXCEPTIONAL SAVING

3.1.  If, following the implementation and completion of the Insurance Review Procedure, it is agreed or determined that there is an Exceptional Cost, the Authority shall within twenty (20) Business Days of completion of the Insurance Review Procedure make a one-off lump-sum payment to the Contractor equal to 85% of the Exceptional Cost.

3.2.  If, following the implementation and completion of the Insurance Review Procedure, it is agreed or determined that there is an Exceptional Saving, the Contractor shall within twenty (20) Business Days of completion of the Insurance Review Procedure make a one-off lump-sum payment to the Authority equal to 85% of the Exceptional Saving.

3.3.  Following the completion of the Insurance Review Procedure, if it is agreed or determined that there is neither an Exceptional Cost nor an Exceptional Saving, any Insurance Cost Differential shall be borne by or benefit the Contractor.

3.4.  Where the capacity of the Facility exceeds the Maximum Tonnage, the Authority's share of the Exceptional Cost or Exceptional Saving shall be reduced pro rata to reflect the Authority's usage. The Authority's usage shall be the annual Maximum Tonnage expressed as a percentage of the annual maximum capacity of the Facility.