5.  DELAYS - GENERAL PROVISIONS

5.1  If, at any time, the Contractor becomes aware that it will not (or is unlikely to) Achieve any Milestone by the Milestone Date it shall as soon as reasonably practicable, and in any event within [10] days after it became aware that there is likely to be a Delay, notify the Authority of the fact of the Delay and summarise the reasons for it.

5.2  Whether the Delay is due to an Authority Cause or not, the Contractor shall, and shall procure that each Sub-contractor shall, use all reasonable endeavours to eliminate or mitigate the consequences of the Delay and any losses and/or expenses that may be incurred by either party as a consequence of such delay.

5.3  Where the Contractor considers that a Delay is being caused or contributed to by an Authority Cause the Authority shall not be liable to compensate the Contractor for Delays to which Clauses 7 or 8 apply unless the Contractor has fulfilled its obligations set out in, and in accordance with, Clause 5.21.

5.4  Any Disputes about or arising out of Delays shall be resolved through the Dispute Resolution Procedure.  Pending the resolution of the Dispute both parties shall continue to work to resolve the causes of, and mitigate the effects of, the Delay.