39.3  Effect of a Relief Event

In the event that the Service Provider has complied with its obligations under clause 39.2:

(a)  in the case of a delay, the Planned Service Commencement Date and/or the relevant Milestone Completion Date(s) (Projected) or following the Planned Service Commencement Date, the Long Stop Date shall be postponed by such time as shall be reasonable for such a Relief Event, taking into account the likely effect of delay; and/or

(b)  the Authority shall not be entitled to exercise its rights to terminate the Contract under clause 61.3 (Service Provide Default) and, subject to clause 39.3(c) shall give such other relief as has been requested by the Service Provider;

(c)  nothing in this clause 39 shall affect any entitlement of the Authority to make an Adjustment in accordance with the Payment Mechanism during the period in which the Relief Event is subsisting;

(d)  where the Service Provider does not provide the information within the time period set out in clause 39.2(b) the Service Provider shall not be entitled to any extension of time or any relief in respect of the period for which the information is delayed;

(e)  the Service Provider shall notify the Authority if at any time it receives or becomes aware of any further information relating to the Relief Event, giving details of that information to the extent that such information is new or renders information previously submitted inaccurate or misleading;

(f)  if the parties cannot agree:

(i)  the extent of the relief required;

(ii)  that a Relief Event has occurred;

(iii)  that the Service Provider is entitled to any extension to the Planned Service Commencement Date or a Milestone Completion Date (Projected) or the Long Stop Date; and/or

(iv)  relief from other obligations under this Contract,

the matter shall be determined in accordance with the Dispute Resolution Procedure.