39.2  Procedure - Relief Events

To obtain relief, the Service Provider shall:

(a)  as soon as practicable, and in any event within ten (10) Business Days after it became aware that the Relief Event has caused or is likely to cause delay and/or adversely affect the ability of the Service Provider to perform its other obligations give to the Authority a notice of its claim for relief from its obligations under this Contract, including full details of the nature of the Relief Event, the date of its occurrence and its likely duration;

(b)  within five (5) Business Days of receipt by the Authority of the notice provided pursuant to clause 39.2(a), give full details of the relief claimed;

(c)  demonstrate to the reasonable satisfaction of the Authority that:

(i)  the Service Provider and the Sub-Contractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure;

(ii)  the Relief Event directly caused the delay to the achievement of the Planned Service Commencement Date, or a Milestone Completion Date (Projected) or following the Planned Service Commencement Date, delay in achieving commencement of the Service by the Long Stop Date or the need for relief from other obligations under this Contract;

(iii)  the time lost and/or relief from the obligations under this Contract claimed could not reasonably be expected to be mitigated or recovered by the Service Provider acting in accordance with Good Industry Practice, without incurring material expenditure; and

(iv)  the Service Provider is using reasonable endeavours to perform its obligations under the Contract.