26.14  Concurrent Delays

(a)  (No entitlement): Subject to clause 26.14(b), if:

(i)  there are two or more events each of which by itself, if the other event(s) had not occurred, would cause a delay to Acceptance, and at least one event is an Extension Event or a State Initiated Modification and at least one event is not an Extension Event or a State Initiated Modification; and

(ii)  any period of delay caused by the Extension Event or a State Initiated Modification referred to in clause 26.14(a)(i) is occurring at the same time as a period of delay caused by an event referred to in clause 26.14(a)(i) that is not an Extension Event or a State Initiated Modification (Concurrent Delay),

Project Co is not entitled to an extension of time in accordance with clauses 26.9 or 35.8(a) or compensation in accordance with clauses 26.12 or 35.8(g) (if applicable) for the period of that Concurrent Delay.

(b)  (Entitlement for State acts): Subject to clause 26.14(c), Project Co's rights under clauses 26.9, 26.12 and 35.8 are not limited by clause 26.14(a) if:

(i)  an event as referred to in clause 26.14(a)(i) is a:

A.  Compensable Extension Event referred to in: 

1)  paragraph (a) of the definition of Compensable Extension Event; or

2)  paragraph (b) of the definition of Compensable Extension Event, where the relevant act or omission referred to in paragraph (b) of the definition of Compensable Extension Event is an act or omission of the State or an Associate of the State; or

B.  a State Initiated Modification,

(a State Concurrent Event); and

(ii)  that State Concurrent Event occurs before any of the events referred to in paragraph 26.14(a)(i) that are not Extension Events or State Initiated Modifications.

(c)  (Entitlement to Development Phase Finance Interest only): If, in accordance with clause 26.14(b), Project Co is granted an extension of time to the Date for Commercial Acceptance under clauses 26.9 or 35.8(a) for a Concurrent Delay, Project Co's entitlement to claim compensation under clauses 26.12 or 35.8(g) (if applicable) will be limited to the amount referred to in Item 4 of Table 1 of the Change Compensation Principles.