40.3  Effect of Excusing Cause

In the event that the Service Provider has complied with its obligations under clause 40.2:

(a)  the Planned Service Commencement Date or the relevant Milestone Completion Date (Projected) or, following the Planned Service Commencement Date, the Long Stop Date shall be postponed by such time as is reasonable for such an Excusing Cause, taking into account the likely effect of the delay;

(b)  the Authority shall not be entitled to exercise its rights to terminate this Contract under clause 61.3 (Service Provider Default);

(c)  the Authority shall not be entitled to make Adjustments under the Payment Mechanism arising as a result of the Excusing Cause for the period during which the Excusing Cause is subsisting;

(d)  in the event that information is provided after the dates required by clause 40.2(a), then the Service Provider shall not be entitled to any extension of time or relief from its obligations or Adjustments in respect of the period for which the information is delayed;

(e)  if the parties cannot agree:

(i)  the extent of any delay incurred;

(ii)  the relief from the Service Provider's obligations under this Contract;

(iii)  the relief from any Adjustments which should be made under the Payment Mechanism; or

(iv)  whether an Excusing Cause has occurred;

(v)  that the Service Provider is entitled to any relief under this clause 40.3,

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