41.1  Relief from Deductions

If during the Service Period an Excusing Cause interferes adversely with, or causes a failure of, the performance of the Services and provided that the effect of such Excusing Cause is claimed within thirty (30) Business Days of the date on which the Contractor become aware (or ought reasonably to have become so aware) of the occurrence of the Excusing Cause, then to the extent such failure or interference arises as a result of such Excusing Cause:

41.1.1  such failure by the Contractor to perform, and any poor performance of, any affected Service shall not constitute a breach of the provisions of this Contract by the Contractor;

41.1.2  such interference shall not be taken account of in measuring the performance of the Services in accordance with Clause 32 (Performance Monitoring) which shall be operated as though the relevant Services had been performed free from such adverse interference; and

41.1.3  any such failure to perform the Services shall be deemed not to have occurred,

so that the Contractor shall be entitled to the payment under this Contract up to the Minimum Tonnage 85 as if there had been no such interference with the performance of the Services.86

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85  See footnotes to Clauses 23.2.1 and 23.2.2 above.

86  Consider on a project specific basis which aspects of the Payment and Performance Standards should be excused.