2.38.1  Intervening Events and Compensable Intervening Events

Intervening Events and Compensable Intervening Events are defined in the PV Standard Project Deeds.

The Intervening Events (other than the Compensable Intervening Events and Force Majeure Events) listed in the PV Standard Project Deeds have been selected on the basis that the risk of the event is better borne by the State as it is in a better position than Project Co to mitigate or manage the consequences of the risk, notwithstanding that the risk of the event is not necessarily within the State's control.

The State expects Project Co to accept the risk that it is providing the Services in an operational environment, and therefore will not be entitled to relief for negligence of the State or a State Associate. Accordingly, State negligence is not an Intervening Event in the PV Standard Project Deeds.

Refer to section 2.27 for a discussion on Intervening Events which are Force Majeure Events.