2.51.3  State's limitation of Liability

The State's Liability to Project Co in connection with any Relief Event will be reduced to the extent that:

•  the Relief Event or the consequences of the Relief Event are caused or contributed to by a Project Co Act or Omission; or

•  Project Co, or any Project Co Associate, fails to take all reasonable steps which a prudent, competent and experienced contractor in the circumstances of Project Co or the relevant Project Co Associate exercising Best Industry Practices would have taken to mitigate, minimise or avoid the effects, consequences or duration of the Relief Event.

Further, to the extent that compensation in relation to a Relief Event is in respect of an Insured Risk, Project Co is not entitled to claim such compensation from the State, unless Project Co can demonstrate that the compensation is not covered by the proceeds of such Insurance due to a State Insurance Breach.