40.2  Procedure - Excusing Causes

Subject to clause 40.3, to obtain relief the Service Provider shall:

(a)  as soon as practicable, and in any event not later than ten (10) Business Days after it became aware that the Excusing Cause has caused or is likely to cause delay and/or adversely affect the ability of the Service Provider to perform its obligations under this Contract, give to the Authority a notice of its claim for relief against Adjustments as appropriate, any extension of time and/or relief from its obligations under this Contract;

(b)  within ten (10) Business Days of receipt by the Authority of the notice referred to in clause 40.2(a), give full details of:

(i)  the Excusing Cause;

(ii)  any extension of time; and

(iii)  any relief against Adjustments claimed or other relief claimed; and

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

(i)  the Excusing Cause was the direct cause of the delay in the achievement of the Planned Service Commencement Date or the relevant Milestone Completion Date (Projected) and/or breach of the Service Provider's obligations under this Contract or, following the Planned Service Commencement Date, delay in achieving commencement of the Service by the Long Stop Date;

(ii)  the time lost and/or relief from the obligations under this Contract claimed sought could not reasonably be expected to be mitigated or recovered by the Service Provider acting in accordance with Good Industry Practice; and

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