35.2  Relief

To obtain relief, the Service Provider shall:

(a)  as soon as practicable, and in any event within ten (10) Business Days after it becomes aware that the Relief Event has caused or is likely to cause delay and/or adversely affect the ability of the Service Provider to perform its other obligations, give to the Authority a notice of its claim for relief from its obligations under this Agreement, including full details of the nature of the Relief Event, the date of occurrence and its likely duration;

(b)  within five (5) Business Days of receipt by the Authority of the notice referred to in clause 35.2(a), give full details of the relief claimed; and

(c)  demonstrate to the reasonable satisfaction of the Authority that:

(i)  the Service Provider and its sub-contractors could not have avoided such occurrence or consequences by steps which they might reasonably be expected to have taken, without incurring material expenditure;

(ii)  the Relief Event directly caused the delay to the Planned Completion Date or following the Planned Completion Date, delay in achieving the Service Commencement by the Long Stop Date;

(iii)  the time lost and/or relief from the obligations under this Agreement claimed could not reasonably be expected to be mitigated or recovered by the Service Provider acting in accordance with Good Industry Practice, without incurring material expenditure; and

(iv)  the Service Provider is using reasonable endeavours to perform its obligations under this Agreement.