16.7  Giving of Relief and Compensation

In the event that the Contractor has complied with its obligations under clause 16.6 (Procedure for Relief and Compensation), then, in the case of delay:

(a)  the Start on Site Date; and/or

(b)  the relevant Planned Services Availability Date or, following the relevant Planned Services Availability Date, the Longstop Date; and/or

(c)  [the relevant Planned Post Completion Works Acceptance Date];

shall be postponed by such time as shall be reasonable for such a Compensation Event, taking into account the likely effect of the delay;

(d)  in the case of an additional cost being incurred or revenue being lost by the Contractor:

i.  in relation to a Site on or before the [later of the] Services Availability Date [and the Post Completion Works Acceptance Date] for that Station; or

ii.  as a result of Capital Expenditure being incurred by the Contractor at any time,

the Authority shall compensate the Contractor for the Estimated Change in Project Costs as adjusted to reflect the actual costs reasonably incurred and, without double counting, for revenue actually lost (to the extent it could not reasonably have been mitigated) within twenty (20) Business Days of its receipt of a written demand by the Contractor supported by all relevant information;

(e)  in the case of a payment of compensation for the Estimated Change in Project Costs and/or without double counting, loss of revenue that does not result in Capital Expenditure being incurred by the Contractor referred to in clause ii (Giving of Relief and Compensation) above, but which reflects a change in the costs and/or without double counting, loss of revenue being incurred by the Contractor after the relevant Services Availability Date, the Authority shall compensate the Contractor in accordance with clause 16.10 (Method of Calculating Compensation) by an adjustment to the Unitary Charge in accordance with clause 72 (Financial Adjustments); and/or

(f)  the Authority shall give the Contractor such relief from its obligations under this Agreement as is reasonable for such a Compensation Event.