17.2.3  Recovery of costs and losses

Provided that the private party has complied with its obligations for claiming Compensation, where the occurrence of a Compensation Event:

(a)  means that:

(i)  during the design and construction phase, the private party is entitled to an extension of time in accordance with Chapter 16 (Relief Events); or

(ii)  during the operating term, the ability of the private party to perform any of its obligations under the project agreement is adversely affected; and

(b)  causes the private party to incur additional costs or loses revenue,

then the private party will be entitled to claim Compensation in accordance with the Compensation Principles.