Water Treatment Plant BOT (New build only) - PPP in Infrastructure ...

15(a)a Variation (unless an adjustment to the Time for Completion is agreed underSub-Clause 15.3);(b) a Force Majeure event (as defined in Sub-Clause 19.1);(c) a Release Event (as defined in Sub-Clause 17.3);(d)(e)(f)(g)a cause of delay giving an entitlement to extension of time under a Sub-Clauseof this Contract, unless the Supplier has not complied with such Sub-Clause;[physical conditions or circumstances on the Site, which are adverse and werenot (by the Base Date) drawn to the Supplier’s attention or within itsknowledge (as is evidenced by written records) or foreseeable from the datasupplied to the Supplier by the Purchaser;] 4any breach of this Contract, delay, impediment or prevention by the Purchaser;oran action by a legally constituted public authority which has delayed, impededor prevented the Supplier from installing the Facility other than due to thenegligence or wilful default of the Supplier.If the Supplier intends to apply for an extension of the Time for Completion, theSupplier shall give notice to the Purchaser of such intention as soon as possible,together with any other notice required by the Contract and relevant to such cause.The Supplier shall keep such contemporary records as may be necessary tosubstantiate any application, either on the Site or at another location acceptable to thePurchaser, and such other records as may reasonably be requested by the Purchaser.The Supplier shall permit the Purchaser to inspect all such records, and shall providethe Purchaser with copies as required.The Purchaser shall respond within 28 days of receiving a claim from the Supplier byeither confirming the Supplier's entitlement, or denying the claim with detailedreasons. Any dispute may be referred for resolution in accordance with Clause 20.7.4 Liquidated Damages for DelayIf the Supplier fails to comply with Sub-Clause 7.2 for reasons other than those set outin Clause 7.3 above, the Supplier shall pay to the Purchaser the sum set out inSchedule 3 as liquidated damages for such default (which sum shall be the onlymonies due from the Supplier for such delay) for every week which shall elapsebetween the relevant Time for Completion and the date stated in the PerformanceCertificate, provided that the total of all liquidated damages payable by the Supplierpursuant to this Sub-Clause 7.4 shall not exceed the sum set out in Schedule 3.4 Usually a subject of negotiation as to whom bears this riskPPP in Infrastructure Resource Center for Contracts, Laws and Regulations (PPPIRC) Reviewed: Victoria R. Delmon, LEGPShttp://www.worldbank.org/ppp November 2007