40.3  Consequences

In the event that the Contractor has complied with its obligations under Clause 40.2 (Relief) above, then:

40.3.1  the Planned Works Commencement Date and/or the Planned Readiness Date and/or the relevant Planned Services Commencement Date or following the Planned Readiness Date, the Readiness Longstop Date following the Planned Services Commencement Date, the Acceptance Longstop Date shall be postponed by such time as shall be reasonable for such a Relief Event, taking into account the likely effect of delay; and/or

40.3.2  the Authority shall not be entitled to exercise its right to terminate this Contract under Clause 67 (Termination for Contractor Default)80 [and, subject to Clause 40.4 (Deductions), shall give such other relief as has been requested by the Contractor].81

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80  This wording is only appropriate where additional relief beyond relief from termination (for instance for liquidated damages) are offered.

81  If the termination levels under the Contract for non-performance are connected to the deductions made under the Contract or the award of performance points, the Contract should ensure that deductions or points arising due to non-performance caused by Relief Events are not taken into account in the termination provisions of the Contract. This is best dealt with in the performance regime.