6.9  Determination of Separable Portions

(a)  In order to accommodate a progressive handover of the Works, the Project Owner, following a recommendation from the ALT or otherwise, may determine by notice in writing to the Participants that the Works be divided into smaller packages of works (each a Separable Portion), each with its own Date for Practical Completion. If the Project Owner makes a determination under this clause 6.9, the interpretation provisions of clause 1.7 will apply.

(b)  Where the Project Owner elects to divide the Works into Separable Portions, except where this Agreement is terminated by the Project Owner in accordance with clause 23 or where otherwise determined by the Project Owner, and subject to any adjustments to the Gainshare Amount or Painshare Amount (as the case may be) under the Risk or Reward Regime following the Date of Practical Completion, the calculation of any Gainshare Amount or Painshare Amount (if any and as the case may be) under the Risk or Reward Regime must not occur until all Separable Portions have reached the stage of Practical Completion.