26.4 Unreasonableness of Authority

(a) in the exercise of its discretion, the Authority refuses to take the action requested; or

(b) the Authority unreasonably delays in taking the action requested (unreasonableness being assessed in the context of the processes which the Authority must properly go through in order to arrive at its decision, including any mandatory or proper discretionary consultation periods and the like; and the burden of proof shall be upon the Service Provider to prove in any dispute under the Dispute Resolution Procedure that delay has been unreasonable for this purpose),

then such refusal or delay shall constitute an Excusing Cause and the provisions of clause 40 (Excusing Causes) shall apply.