20.2.2  Suspension of obligations

Subject to 20.2.1, to the extent that:

(a)  a Force Majeure Event prevents the private party from performing all or a material part of its obligations under the project agreement;

(b)  the impact of the Force Majeure Event could not reasonably have been prevented, mitigated or recovered by the private party acting in accordance with Good Industry Practice;

(c)  the private party is using its best endeavours to perform its obligations under the project agreement; and

(d)  the private party (including agents, employees or sub-contractors) did not cause (either directly or indirectly) the Force Majeure Event,

the private party's obligations under the project agreement which are affected by the Force Majeure Event will be suspended but only to the extent and for so long as those obligations are affected by the Force Majeure Event.65

No default notice may be given by government to the private party in respect of a breach of any obligations which are suspended during the period of suspension.

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65  In the case of a toll road project, the obligation to keep all traffic lanes open will only be suspended to the extent that the Force Majeure Event prevents the safe passage of vehicles.