16.5  Delays in Services Commencement Date due to a Compensation Event167

If, on or before an [Actual Refurbishment Completion Date] [Actual Services Commencement Date], as a direct result of the occurrence of a Compensation Event:

16.5.1  the Contractor is unable to achieve the [Services Commencement] for the Project on or before the [Planned Refurbishment Completion Date]  [Planned Services Commencement Date] or following the [Planned Refurbishment Completion Date] [Planned Services Commencement Date], the Long Stop Date; and/or

16.5.2  the Contractor is unable to comply with its obligations under this Agreement; and/or

16.5.3  the Contractor incurs costs or loses revenue168,

then the Contractor is entitled to apply for relief from its obligations and/or to claim compensation under this Agreement.

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167  In HRA Project Compensation Events will need to last the entire contract period as a consequence of continuing Authority Obligations.

168  Losses of revenue in non-HRA projects may include losses of rent.