2. Change Compensation Events
Table 1 sets out:
(a) the for which either be entitled to compensation in accordance with these ;
(b) a brief description of the relevant - this is a summary only and the full description ( some of the limitations on entitlement) is set out in the relevant clauses of this ;
(c) relevant clauses in this which identify the event as a ; and
(d) the , , , , and that or the is entitled to be paid as a consequence of the relevant .
The rights of the set out in Table 1 are subject to the limitations on such rights as set out in the remainder of these and the clauses in this and without limiting clause 2.3, if there is an inconsistency between Table 1, the remainder of these and the clauses in this , the inconsistency will be resolved in accordance with the following order of precedence :
(e) the clauses in this ;
(f) the remainder of the ; and
(g) Table 1.
Table 1 - compensation entitlements
Item |
| Clause reference in | Compensation entitlement of or the where the occurs during the and relevant section of this schedule for calculating the compensation entitlement | Compensation entitlement of or the where the occurs during the and relevant section of this schedule for calculating the compensation entitlement |
1. | An inspection or test undertaken by the in respect of the which requires to incur additional costs. | Clause 15.1(g) | . (sections 3.2, 3.3 and 5) | where the inspection or testing occurs prior to (sections 4.2, 4.3 and 5). (sections 4.2, 4.3 and 5). |
2. | A occurs and clause 26.12 applies or the exercises its rights under clause 26.10 for a and clause 26.12(b) applies, (other than if clauses 26.14 applies or to the extent the relevant has given rise to loss or damage to the and clauses 42.4(a), 42.4(b) or 42.5 apply). (See Item 4 below in respect of clause 26.14 and see Item 10 below in respect of clauses 42.4(a), 42.4(b) or 42.5). | Clause 26.12 | and . (sections 3.2, 3.4 and 5) | Where the extension of is for a period between and , . (sections 4.2, 4.5 and 5) |
3. | An that is a occurs and clause 26.12 applies (other than if clause 26.14 applies or to the extent the relevant has given rise to loss or damage to the and clauses 42.4(a), 42.4(b) or 42.5 apply). The exercises its rights under clause 26.10 for a and clause 26.12(b) applies (other than if clauses 26.14 applies or to the extent the relevant has given rise to loss or damage to the and clauses 42.4(a), 42.4(b) or 42.5 apply). (See Item 4 below in respect of clause 26.14 and Item 10 below in respect of clauses 42.4(a), 42.4(b) or 42.5). | Clause 26.12 | . (sections 3.2 and 3.4) | None. |
4. | • is entitled to compensation for an extension of to the for a and clause 26.14(c) and clause 26.12 or clause 35.8(f) (as applicable) apply (other than to the extent the relevant has given rise to loss or damage to the and clauses 42.4(a), 42.4(b) or 42.5 apply). (See Item 10 below in respect of clauses 42.4(a), 42.4(b) or 42.5). | Clause 26.14(b), 26.14(c) and 35.8(f) | . (sections 3.2, 3.4 and 5) | None. |
5. | Acceleration directed by the . | Clause 26.19 | . (sections 3.2, 3.3 and 5) | . (sections 4.2, 4.3 and 5) |
6. | A occurs and clause 32.5 applies (other than if clauses 42.4 or 42.5 apply). (See Item 10 below in respect of clauses 42.4 or 42.5). | Clause 32.5 | None. | . . on . on . on and . (sections 4.2, 4.3 and 5) |
7. | An that is a occurs and clause 32.5 applies (other than if clauses 42.4 or 42.5 apply). (See Item 10 below in respect of clauses 42.4 or 42.5). | Clause 32.5 | None. | . (sections 4.2, 4.4 and 5) |
8. | An occurs and the requires to perform a . | Clause 32.7 | None. | . . on . on . (sections 4.2 and 4.3) |
9. | has prepared a and clause 35.3 applies. | Clauses 35.3 and 42.4(a)(iii) | (section 3.2). | (section 4.2). |
10. | A (other than a which is a (see Item 14 below)) and excluding any entitlement to related costs as a consequence of an extension of for the (in respect of which see Item 11 below). | Clauses 6.1(d), 11.7, 35.7, 35.11, 36.2, 42.4(a), 42.4(b) and 42.5(b) | . . on . on . on and . (sections 3.2, 3.3 and 5) Where the is for the repair or reinstatement of loss or damage to the the subject of clause 42.4, entitlement will be limited as set out in clause 42.4. | . . on . on . on and . (sections 4.2, 4.3 and 5) Where the is for the repair or reinstatement of loss or damage to the the subject of clause 42.4, entitlement will be limited as set out in clause 42.4. |
11. | is entitled to compensation for an extension of to the for a in accordance with clause 35.8 (other than if clause 26.14 applies) or the exercises its rights under clause 26.10 for a and clause 26.12(b) applies (other than if clause 26.14 applies). (See Item 4 above in respect of clause 26.14) | Clauses 35.8 26.10 and 26.12 | As per Item 2. | As per Item 2. |
12. | initiated . | Clause 35.12(d) | Share of as agreed between the and , and failing agreement the will be entitled to a 50% share of the . (sections 3.2 and 5) | Share of as agreed between the and , and failing agreement the will be entitled to a 50% share of the . (sections 4.2 and 5) |
13. | . | Clause 35.13 | . . (sections 3.2, 3.3 and 5) | . . (sections 4.2, 4.3 and 5) |
14. | A which is a occurs and is the subject of a . | Clauses 35.6, 35.7, 35.11 and 36.2 | None. | . . on . on . on and . (sections 4.2, 4.3 and 5) |