40.1  Excusing Causes

If as a direct result of an Excusing Cause:

(a)  the Service Provider is unable to achieve the Planned Service Commencement Date or a Milestone Completion Date (Projected) or following the Planned Service Commencement Date, the Long Stop Date; and/or

(b)  the Service Provider is unable to comply with its obligations under this Contract,

the Service Provider shall be entitled, save where the Excusing Cause has been caused by any act or omission of the Service Provider or any Service Provider Party, to apply for relief from its obligations and from Adjustments being made to the Unitary Charge under this Contract.  In the event that the Service Provider or a Service Provider Party has contributed to the Excusing Cause, the Service Provider's entitlement to relief shall be reduced by an amount proportional to such contribution to the Excusing Cause.