36.2  Procedure for Relief and Compensation

Subject to clause 36.3, to obtain relief and/or claim compensation the Service Provider shall:

(a)  as soon as practicable, and in any event within fifteen (15) Business Days after it becomes aware that the Compensation Event has caused or is likely to cause delay, breach of an obligation under this Agreement and/or the Service Provider to incur costs or lose revenue, give to the Authority a notice of its claim for an extension of time to the Planned Completion Date, or the Long Stop Date and/or payment of compensation and/or relief from its obligations under this Agreement;

(b)  within ten (10) Business Days of receipt by the Authority of the notice referred to in clause 36.2(a), give full details of the Compensation Event and the extension of time and/or any Estimated Change in the Project Costs and/or loss of revenue claimed; and

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

(i)  the Compensation Event was the direct cause of the Estimated Change in the Project Costs and/or loss of revenue and/or any delay in the achievement of the Completion Date and/or breach of the Service Provider's obligations under this Agreement or (following the Completion Date) delay in achieving the Actual Completion Date before the Long Stop Date; and

(ii)  the Estimated Change in Project Costs and/or loss of revenue, 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.