36.3  Giving of Relief and Compensation

In the event that the Service Provider has complied with its obligations under clause 36.2, then:

(a)  the Completion Date, or following the Completion Date the Long Stop 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;

(b)  in the case of an additional cost being incurred or revenue being lost by the Service Provider:

(i)  on or before the Actual Completion Date; or

(ii)  as a result of Capital Expenditure being incurred by the Service Provider at any time,

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

(c)  in the case of a payment of compensation for the Estimated Change in Project Costs and/or (without double counting) revenue costs that does not result in Capital Expenditure being incurred by the Service Provider referred to in clause 36.3(b) but which reflects a change in the costs being incurred by the Service Provider after the Actual Completion Date, the Authority shall compensate the Service Provider in accordance with clause 36.6 by an adjustment to the Service Payment; and/or

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