41.2  Procedure - Compensation Events

Subject to clause 41.3(e), to obtain relief and/or claim compensation the Service Provider shall:

(a)  as soon as practicable, and in any event within fifteen (15) Business Days after it became aware that the Compensation Event has caused or is likely to cause delay, breach of an obligation under this Contract and/or the Service Provider to incur costs or lose revenue, give to the Authority a notice of its claim:

(i)  for an extension of time to the Planned Service Commencement Date or a Milestone Completion Date (Projected) or the Long Stop Date; and/or

(ii)  payment of compensation; and/or

(iii)  relief from its obligations under the Contract;

(b)  within ten (10) Business Days of receipt by the Authority of the notice referred to in clause 41.2(a), give full details of the Compensation Event and the extension of time and/or any Estimated Change in Project Costs and/or loss of revenue claimed; and

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

(i)  the Compensation Event was the direct cause of the Estimated Change in Project Costs and/or loss of revenue and/or any 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 the Service Commencement Date before the Long Stop Date; and

(ii)  the Estimated Change in Project Costs and/or loss of revenue, 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.