Common use of Development of Facilities Clause in Contracts

Development of Facilities. 12.1 The Private party shall ensure that the Facilities pass the Performance Tests by the relevant Time for Completion. 12.2 The Private party is entitled to an extension of a Time for Completion if delayed by any of the following causes: (a) a change in the Specifications that delays materially the Time for Completion set out in Schedule 2; (b) a Force Majeure event; (c) a Material Adverse Government Action; (d) physical conditions or circumstances on the site for the New Facilities, which are adverse and were not (by the Effective Date) drawn to the Private party’s attention or within its knowledge (as is evidenced by written records) or reasonably foreseeable to the Private party using Prudent Industry Practice from the data supplied to the Private party by the Contracting Authority; (e) any breach of this Agreement, delay, impediment or prevention by the Contracting Authority; or (f) an action or inaction by a legally constituted public body which has delayed, impeded or prevented the Private party from developing the Facilities other than due to the negligence or wilful default of the Private party. 12.3 If the Private party intends to apply for an extension of a Time for Completion, the Private party shall give notice to the Contracting Authority of such intention as soon as possible, together with supporting information. The Private party shall keep such contemporary records as may be necessary to substantiate any application, at the site and such other records as may reasonably be requested by the Contracting Authority. The Private party shall permit the Contracting Authority to inspect all such records, and shall provide the Contracting Authority with copies as required. The Contracting Authority shall respond within twenty eight (28) days of receiving a claim from the Private party, by either confirming the Contracting Authority's entitlement, or denying the claim withdetailed reasons. Any dispute may be referred for resolution in accordance with Clause30. 12.4 The Private party will provide monthly status reports to the Contracting Authority during the Construction Period setting out progress on the Facilities and whether there are any delays or issues that have arisen as provided in Schedule 4. The first report shall be provided following the first calendar month after the Effective Date and shall be provided within fourteen (14) days of the end of such calendar month.