17.5  Failure to Issue a Notice

Where the Authority does not issue a notice under clause 17.3 and it is agreed between the parties or determined in accordance with the Dispute Resolution Procedure:

(a)  that works undertaken by the Authority within or about the Public Highway either will or have caused a direct material obstruction to or interference with the Service Provider's obligations to perform the Service; and

(b)  such works could not have reasonably been foreseen by the Service Provider and incorporated into the relevant Investment Programme; and

(c)  such works have not been correctly entered into the Street Works Register in accordance with NRSWA at least five (5) Business Days before the planned commencement date of the proposed works,

an Excusing Cause shall apply in respect of Apparatus affected by the works for the period of such works, provided that the Service Provider, acting in accordance with Good Industry Practice, could not reasonably be expected to mitigate any material interference or obstruction with the Service Provider's obligations to perform the Service.