Compensation Event. Request (a) If as a direct result of the occurrence of a Compensation Event: (i) the Operator is unable to comply with its obligations under this Agreement; and/or (ii) the Operator has incurred Eligible Costs, notwithstanding the Operator using all reasonable endeavours and in accordance with Good Industry Practice to mitigate the effect of such Compensation Event in its performance of its obligations under this Agreement, the Operator may apply for an extension and/or relief from its obligations under this Agreement and/or for compensation under this Agreement. (b) Any such request shall be made by service of an initial notice on the Authority within two (2) Business Days of the Operator becoming aware of the occurrence of a Compensation Event, (c) Without prejudice to the generality of the request in paragraph (b) above, the Operator shall provide the Authority within ten (10) Business Days of the Operator becoming aware of the occurrence of a Compensation Event with a subsequent notice, including: (i) the direct effect of the Compensation Event on the Operator’s ability to perform any of its obligations under this Agreement, including details of the relevant obligations, the precise effect on each such obligation and the likely duration of that effect; (ii) an explanation of any measures that the Operator proposes or intends to adopt to mitigate the consequences of the Compensation Event; and (iii) details of the Eligible Costs incurred and to be incurred for the duration of the Compensation Event, and which could not reasonably be expected to be mitigated or recovered by the Operator, acting in accordance with Good Industry Practice.
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