Minimising delay. The Provider must take all reasonable steps to minimise delay in meeting its obligations under this Agreement. If the Provider becomes aware that it will be delayed in meeting its obligations under this Agreement, or receives a Notice from the Department in relation to a delay, the Provider must immediately Notify the Department of: the cause and nature of the delay; and the steps the Provider will take to limit the delay. The Provider must comply with the steps it Notifies to the Department in accordance with clause 19.2(b), subject to any additional requirements which the Department may Notify to the Provider. If: the Provider does not Notify the Department of any delay in accordance with clause 19.2 or fails to comply with clause 19.3; or the Department determines that the delay Notified places the Services in jeopardy, the Department may, at the Department’s absolute discretion: take action under clause 59 [Remedies for breach]; terminate this Agreement under clause 61 [Termination for default]; or take such other steps as are available under law or in equity. Except where, and to the extent that, clause 19.3 applies, the Provider must comply with the timeframe for meeting its obligations as set out in this Agreement. The Department provides no guarantee of: the volume or type of business the Provider will receive; the numbers of Participants for any Services under this Agreement; the numbers of Participants for any ESA in relation to any Services under this Agreement; or the market and other information provided in the relevant grant application process.
Minimising delay. Because the Owner wishes the System to be available for use as soon as possible, if the Program Manager becomes aware of circumstances that will cause the System RFS Date to be delayed (if alternative strategies are not adopted) the following provisions shall apply:
(a) the Program Manager shall inform the Owner of such circumstances;
(b) the Program Manager shall (unless otherwise agreed by the Owner) develop all reasonable work-around plans, alternate sources or any other means available with a view to avoiding or minimising the anticipated delay, and shall present the same to the Owner for approval;
(c) the Program Manager's proposals presented to the Owner pursuant to paragraph (b) above shall specify:
(i) any increase in the Full-Time Equivalent Personnel (in excess of the limitation thereon set forth in Section 2.1 hereof) that would be required to implement such proposals;
(ii) the Program Manager's estimate of the additional Reimbursable Costs that would likely be incurred as a result of implementing the proposals; and
(iii) the Program Manager's estimate of the impact on the Guaranteed RFS Date:
(A) if its proposals are implemented; and
(B) if its proposals are not implemented.
