[41.2]

41.2  For the purposes of Clause 41.1 "Excusing Cause" means any of the following:

41.2.1  where a Facility or part thereof that has been closed by written agreement between the Contractor and the Authority as part of that agreement no adjustments and/or deductions in accordance with Schedule 4 (Payment Mechanism) will be levied;

41.2.2  the implementation of an Authority Change or, a Qualifying Change in Law to the extent the same are implemented in accordance with agreed procedures until final agreement or determination of the capital expenditure payable by the Authority or adjustment to the Unitary Charge pursuant to Schedule 19 (Revision of Base Case and Custody) (provided that the extent to which the Contract is or has been excused is taken into account in the assessment of the Authority Change or Qualifying Change of Law);

41.2.3  the implementation of any instruction of the Authority pursuant to Clause 31.1 on the occurrence of an Emergency where the implementation of such instruction interferes adversely with, or causes a failure of, the performance of the Services, in each case in accordance with the Contract.