16.6  Procedure for Relief and Compensation

Subject to clause 16.8 (Late Provision of Information) below, to obtain relief, extension and/or claim compensation the Contractor must:

16.6.1  as soon as practicable, and in any event within fifteen (15) Business Days after it became aware that the Compensation Event has caused or is likely to cause delay, breach of an obligation under this Agreement and/or the Contractor to incur costs or lose revenue, give to the Authority a notice of its claim for an extension of time for Service Commencement, payment of compensation and/or relief from its obligations under this Agreement;

16.6.2  within ten (10) Business Days of receipt by the Authority of the notice referred to in clause 16.6.1 (Procedure for Relief and Compensation), give full details of the Compensation Event and the extension of time and/or any Estimated Change in Project Costs and/or loss of revenue claimed; and

16.6.3  demonstrate to the reasonable satisfaction of the Authority that:

(a)  the Compensation Event was the direct cause of the Estimated Change in Project Costs and/or loss of revenue and/or any delay in the achievement of the [Planned Refurbishment Completion Date] [Planned Services Commencement Date] and/or breach of the Contractor's obligations under this Agreement; or following the [Planned Refurbishment Completion Date] [Planned Services Commencement Date], delay in achieving Service Commencement before the Long Stop Date; and

(b)  the Estimated Change in Project Costs and/or loss of revenue, time lost and/or relief from the obligations under this Agreement claimed could not reasonably be expected to be mitigated or recovered by the Contractor acting in accordance with Good Industry Practice.