7.  DELAYS TO MILESTONES DUE TO AUTHORITY CAUSE

7.1  Without prejudice to Clause 5.2 and subject to Clause 5.3, if the Contractor would have been able to Achieve the Milestone by its Milestone Date but has failed to do so as a result of an Authority Cause the Contractor will have the rights and relief set out in this Clause 7.

7.2  The Contractor shall:

7.2.1  subject to Clause 7.3, be allowed an extension of time equal to the Delay caused by that Authority Cause;

7.2.2  not be in breach of this Agreement as a result of the failure to Achieve the relevant Milestone by its Milestone Date; and

7.2.3  be entitled to compensation as set out in Clause 7.4.

7.3  The Authority Representative, acting reasonably, shall:

7.3.1  consider the duration of the Delay, the nature of the Authority Cause and the effect of the Delay and the Authority Cause on the Contractor's ability to comply with the Transition and Transformation Plan;

7.3.2  consult with the Contractor Representative in determining the effect of the Delay;

7.3.3  agree a Revised Milestone Date; and

7.3.4  if appropriate, make any consequential amendments to subsequent Milestones in the Transition and Transformation Plan.

7.4  If the Contractor has incurred any direct loss and/or expense as a result of a Delay due to an Authority Cause, the Contractor shall be entitled to compensation to the extent that it cannot mitigate that loss or expense in accordance with the principles set out in paragraph 4 of Schedule E.4 (Charges and Invoicing).  The Contractor shall provide the Authority with any information the Authority may require in order to assess the validity of the Contractor's claim to compensation.

7.5  Any Change that is required to the Transition and Transformation Plan pursuant to Clause 7.3 or the Charges pursuant to Clause 7.4 shall be implemented in accordance with the Change Control Procedure.