45.5  Extension of Cure Program for Extension Event or Intervening Event

(a)  (Impact of Extension Event or Intervening Event): To the extent that Project Co is prevented from carrying out its obligations in accordance with a Cure Program as a direct result of an Extension Event or Intervening Event, then, subject to clause 45.5(b), the State must extend the periods identified in clause 45.4(h) and the time set out in the Major Default Notice:

(i)  to reflect the period Project Co is prevented from carrying out its obligations in accordance with the Cure Program as a consequence of that Extension Event or Intervening Event; or

(ii)  without limiting clause 42, in respect of loss or damage caused by that Extension Event or Intervening Event for the period from the commencement of that loss or damage until the earlier of the date the necessary repairs or reinstatement have been completed or ought reasonably to have been completed had Project Co complied with its obligations under this Deed,

provided that:

(iii)  Project Co is entitled to be granted:

A.  an extension of time under clause 26.9 or clause 26.10; or

B.  relief under clause 32.2 or clause 32.3,

(as applicable) for the relevant Extension Event or Intervening Event; and

(iv)  Project Co demonstrates to the State's satisfaction (acting reasonably) that Project Co has diligently pursued and, to the extent reasonably possible, continues to diligently pursue the Cure Program in accordance with clause 45.4(d).

(b)  (Limitation on extension): Project Co will not be entitled to an extension to the periods identified in clause 45.4(h) and the time set out in the Major Default Notice for an Extension Event or Intervening Event beyond the period of any extension of time or relief from performance that Project Co is granted for that Extension Event or Intervening Event under clause 26.9, clause 26.10, clause 32.2 or clause 32.3 (as applicable).