26.12  Entitlement to financial compensation for delay

(a)  (General principle): To the extent that Project Co is granted an extension of time to a Date for Acceptance under clause 26.9 for an Extension Event and that Extension Event is a:

(i)  Compensable Extension Event then, subject to clause 26.14, Project Co will be entitled to claim compensation as set out in Item 2 of Table 1 of the Change Compensation Principles; or

(ii)  Force Majeure Event then, subject to clause 26.14, Project Co will be entitled to claim compensation as set out in Item 3 of Table 1 of the Change Compensation Principles,

which will be calculated and determined in accordance with the Change Compensation Principles by the Independent Reviewer for that extension of time, except to the extent that the relevant Compensable Extension Event or Force Majeure Event has given rise to loss or damage to the Project Assets and clause 42.4 or clause 42.5 applies, in which case, Project Co's entitlement to claim compensation will be as set out in clause 42.4 or clause 42.5 (as applicable).

(b)  (For unilateral extension): If the State exercises its power under clause 26.10(a) in respect of a Compensable Extension Event, a Force Majeure Event or a State Initiated Modification for which, but for the exercise of that power, Project Co would otherwise be entitled to an extension of time to a Date for Acceptance, in addition to its rights under clause 26.10 (but subject to clause 26.14), Project Co will be entitled to claim compensation for that Compensable Extension Event, Force Majeure Event or State Initiated Modification in accordance with clause 26.12(a) or clause 35.8(g) (as the case may be).

(c)  (Modifications): If a delay in achieving Acceptance is caused by an event which is the subject of a Modification Order, then Project Co's entitlement to an extension of time and any compensation for any such extension of time will be determined in accordance with clause 35 and the Change Compensation Principles and not this clause 26.