40.1  Occurrence

If and to the extent that a Relief Event:

40.1.1  is the direct cause of a delay in achieving the Planned Works Commencement Date or Readiness Date or Service Commencement; and/or

40.1.2  adversely affects the ability of the Contractor to perform any of its obligations under this Contract,

then the Contractor shall be entitled to apply for relief from any rights of the Authority arising under Clause 67 (Termination for Contractor Default).77

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77  In most contracts Relief Events should give only relief from the risk of termination for failure to complete or failure to perform (see Section 5.3.3.1 of SoPC4). In cases in which liquidated damages are payable to the Authority (although please note that no such Liquidated Damages have been included but see footnote 22 to Clause 20 (Delays)) there will be an issue of the extent to which relief can be given from claims for damages or liquidated damages (see Sections 5.3.3.3 and 24 (Indemnities, Guarantees and Contractual Claims) of SoPC4). The performance regime should still apply and this should be made clear, to the extent there is potential for relief from liquidated and other damages.