57.1  Occurrence

If and to the extent that a Relief Event:

(a)  is the direct cause of either a failure by the Contractor

(i)  to commence the Works on or before the Start on Site Date; and/or

(ii)  to achieve Services Availability on or before the [relevant] Planned Services Availability Date or (following the [relevant] Planned Services Availability Date but before the Longstop Date) is the direct cause of a delay in achievement of Services Availability; and/or

(iii)  [to achieve completion of the Post Completion Works on or before the [relevant] Planned Post Completion Works Acceptance Date or (following the [relevant] Planned Post Completion Works Acceptance Date) is the direct cause of a delay in completion of the relevant Post Completion Works; or]

(b)  adversely affects the ability of the Contractor to perform any of its obligations under this Agreement,

then the Contractor shall be entitled to apply for relief from any rights of the Authority arising under clause 40.4 (Termination on Contractor Default) [and its obligations under this Agreement].173

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173  In most contracts Relief Events should give only relief from the risk of termination for failure to complete or failure to perform.  In cases in which liquidated damages are payable to the Authority there will be an issue of the extent to which relief can be given from claims for damages or liquidated damages.  The performance regime should still apply and this should be made clear, to the extent there is potential for relief from liquidated and other damages.