CAUSE AN ACCESS DELAY HAVING REGARD TO THE PROJECT MASTER SCHEDULE AND MUST
BE LIMITED TO DELAY COSTS.
FOR THE AVOIDANCE OF DOUBT DELAY COSTS ARE ONLY
PAYABLE TO THE EXTENT THE EVENT DELAYING THE CONTRACTOR IN ACHIEVING COMPLETION
OF A PHASE BY THE RELEVANT PHASE DATE IS NOT ATTRIBUTABLE TO:
(I)
THE CONTRACTOR FAILING TO ACT IN A TIMELY AND EFFICIENT
WAY;
(II)
THE CONTRACTOR FAILING TO DO ALL THINGS REASONABLY EXPECTED
OF A PRUDENT AND EXPERIENCED CONTRACTOR UNDERTAKING THE WORK; OR
(III)
A BREACH OF ANY PROJECT DOCUMENT BY THE CONTRACTOR.
In these circumstances Delay Costs will be adjusted accordingly.
(B)
THE CONTRACTOR MUST USE ALL REASONABLE ENDEAVOURS (INCLUDING
MAKING ANY REASONABLE EXPENDITURE OF FUNDS) TO AVOID AND MITIGATE THE EFFECT OF
ANY ACCESS EVENT INCLUDING:
(I)
COMPLYING WITH THE NOTICE OBLIGATION IN CLAUSE 9.6;
(II)
COMPLYING WITH ANY CLAUSE IN AN ACCESS COORDINATION
AGREEMENT UNDER WHICH THE CONTRACTOR HAS AN OBLIGATION TO GIVE NOTICE PRIOR TO
ACCESS;
(III)
REARRANGING AND RESCHEDULING INSTALLATION ACTIVITIES TO THE
EXTENT REASONABLY POSSIBLE TO ACCOMMODATE FAILURES OR DELAYS IN OBTAINING
REQUIRED ACCESS AND AMENDING THE PROJECT MASTER SCHEDULE IN ACCORDANCE WITH
CLAUSE 13.3;
(IV)
INCURRING ANY REASONABLE EXPENSE UP TO THE AMOUNT OF THE
DELAY COSTS WHICH WOULD OTHERWISE BE CLAIMED UNDER CLAUSE 9.9(A), AND ANY SUCH
EXPENSE MAY BE INCLUDED AS PART OF THE CLAIM FOR DELAY COSTS UNDER
CLAUSE 9.9(A);
(V)
NOTIFYING THE PRINCIPAL'S REPRESENTATIVE AS SOON AS THE
CONTRACTOR KNOWS OR OUGHT REASONABLY TO HAVE KNOWN THAT THE PRINCIPAL WILL NOT
BE ABLE TO COMPLY WITH CLAUSE 9.3(C);
(VI)
TAKING ALL REASONABLE STEPS TO ASSIST THE PRINCIPAL TO COMPLY
WITH CLAUSE 9.3(C) AND TO AVOID OR MINIMISE THE CONSEQUENCE OF THE PRINCIPAL
FAILING TO COMPLY WITH CLAUSE 9.3(C);
(VII)
NOTIFYING AN ACCESS PROVIDER AS SOON AS THE CONTRACTOR KNOWS
OR OUGHT REASONABLY TO HAVE KNOWN THAT THAT ACCESS PROVIDER WILL NOT BE ABLE TO
COMPLY WITH THE RELEVANT ACCESS COORDINATION AGREEMENT; AND
(VIII)
TAKING ALL REASONABLE STEPS TO ASSIST THE ACCESS PROVIDERS TO
COMPLY WITH THE ACCESS COORDINATION AGREEMENTS TO AVOID OR MINIMISE THE
CONSEQUENCE OF ANY NON-COMPLIANCE.
50
(C)
THE PRINCIPAL SHALL PAY TO THE CONTRACTOR DELAY COSTS WHICH
ARE THE SUBJECT OF A CLAIM PROPERLY MADE UNDER CLAUSE 9.9(A) .
DELAY COSTS
PAYABLE BY THE PRINCIPAL TO THE CONTRACTOR UNDER THIS CLAUSE 9.9(C) WILL BE PAID
AT THE TIME THAT PAYMENT IS DUE IN RESPECT OF THE PHASE IN WHICH THE DELAY COSTS
ARE INCURRED.
(D)
THE CONTRACTOR WILL NOT BE ENTITLED TO MAKE A CLAIM FOR
DELAY COSTS UNDER THIS CLAUSE 9.9 OR BE ENTITLED TO AN EXTENSION OF TIME UNDER
CLAUSE 18.7 FOR AN ACCESS DELAY ATTRIBUTABLE TO AN ACCESS EVENT IN RELATION TO
WHICH THE CONTRACTOR HAS BEEN GIVEN AN ACCELERATION DIRECTION AND WHERE SUCH
ACCELERATION DIRECTION HAS BEEN ABLE TO BE PERFORMED BY THE CONTRACTOR.
9.10
PRINCIPAL ACCESS
(A)
THE CONTRACTOR WILL PROCURE FOR THE PRINCIPAL AND ITS
EMPLOYEES AND AGENTS FULL ACCESS TO ANY SITE WHERE WORK IS BEING CARRIED OUT,