22.1.1  Repair or Reinstate

If any part of the site, the facility or the works is damaged or destroyed or cannot be used or occupied, then unless government directs otherwise,87 the private party must at its cost:88

(a)  promptly provide government with written notice of any such loss or damage and any required replacement, reinstatement or repair;

(b)  consult with government as to the programming of the works needed to effect the relevant replacement, reinstatement or remedy and, in some jurisdictions, reinstate in accordance with an approved reinstatement plan;

(c)  promptly repair or replace or remedy the loss or damage so that, to the greatest extent possible, the private party continues to comply with its obligations under the project agreement; and

(d)  provide government with a further detailed report of all action being taken or to be taken to effect replacement, reinstatement or remedy of the loss or damage (including an estimate of the time such action will take).

The private party will not be required to repair the damage or reinstate the facility to the extent that a Relief Event prevents the private party from undertaking the reinstatement works.

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87  See section 22.2.

88  Where the event causing the destruction or damage is uninsurable, the private party's obligations are subject to section 23.4.2 of Chapter 23 (Insurance).