16.6  Procedure for Relief and Compensation

Subject to clause 16.8 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 to the Start on Site Date and/or the relevant Planned Services Availability Date or (following the relevant Planned Services Availability Date) to the Longstop Date [and/or to the Planned Post Completion Works Acceptance Date], 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 relief from its obligations under this Agreement 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:

(i)  the Estimated Change in Project Costs, and/or loss of revenue and/or;

(ii)  any delay in the commencement of the Works on or before the Start on Site Date; and/or

(iii)  any delay in achievement of Services Availability on or before the relevant Planned Services Availability Date or, (following the relevant Planned Services Availability Date but before the Longstop Date), any delay in the achievement of Services Availability;

(iv)  any delay in the completion of the Post Completion Works on or before the relevant Planned Post Completion Works Acceptance Date or (following the relevant Planned Post Completion Works Acceptance Date) any delay in completing the relevant Post Completion Works; and/or

(v)  breach of the Contractor's obligations under this Agreement; 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.