Common use of Pandemic Relief Event Clause in Contracts

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Principal notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth Principal of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.77.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract Administrator; and the Contractor Consultant must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth Principal be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender for the ContractorServices. Role of the PRINCIPAL Information and Services The Principal must as soon as practicable make available to the Consultant: all relevant information, documents and particulars relating to the Works and to the Principal’s requirements for the Works, including the Principal's Activities Program; and in details of the Local Industry Capability Plan budget for the Works, as finalised under clause 9.2relevant to the Services.

Pandemic Relief Event. If the Contractor Subcontractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Contractor's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Subcontractor’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the ContractorSubcontractor's plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Subcontractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Relief Event, (ContractorSubcontractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator Contractor's Representative may require. The Contract Administrator Contractor's Representative must, within 14 days of receipt of the ContractorSubcontractor's notice under paragraph (a) notify the Contractor and the Commonwealth Subcontractor of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator Contractor's Representative has determined a Pandemic Relief Event has occurred, the Contract Administrator Contractor's Representative may, without being under any obligation to do so, instruct the Contractor Subcontractor as to the course it must adopt insofar as the ContractorSubcontractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.79.5; and have the Contract Subcontract Price increased by the extra costs reasonably incurred by the Contractor Subcontractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator Contractor's Representative under paragraph (c), as determined by the Contract AdministratorContractor's Representative Such entitlement will be subject to the Subcontractor complying with clause 12; and the Contractor Subcontractor must: comply with any direction of the Contract Administrator Contractor's Representative in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorContractor's Representative, implement the ContractorSubcontractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator Contractor's Representative under paragraph (c) or any amendment required by the Contract Administrator Contractor's Representative under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract AdministratorContractor's Representative: will reduce any entitlement the Contractor Subcontractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor Subcontractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Relief Event; and may, for the purposes of assessing the ContractorSubcontractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Subcontract Price submitted by the Contractor Subcontractor in its tender for the ContractorSubcontractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.Activities. QUALITY

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's ’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's ’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.79.5; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.8.7. The parties acknowledge and agree that, as this clause 7.7 and consequential amendments relating to this clause have been incorporated into the Contract after the Award Date by way of a deed of amendment entered into by the parties (Deed of Amendment), the following provisions apply in relation to a claim arising from a Pandemic Relief Event: in clause 9.4(m), the reference to “commencement of the delay” is to be read as a reference to “later of the commencement of the delay and the Effective Date (as defined in the Deed of Amendment)”; and in clause 12.1(a), the reference to “occurrence of the events on which the claim is based,” is to be read as a reference to “the later of the occurrence of the events on which the claim is based and the Effective Date (as defined in the Deed of Amendment)”. In clause 9.4 of the Conditions of Contract: in paragraph (j), delete the word "or"; after paragraph (j), insert a new paragraph (k) as follows:

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Contractor's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator Contractor's Representative may require. The Contract Administrator Contractor's Representative must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator Contractor's Representative has determined a Pandemic Relief Event has occurred, the Contract Administrator Contractor's Representative may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator Contractor's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract AdministratorContractor's Representative; and the Contractor Consultant must: comply with any direction of the Contract Administrator Contractor's Representative in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorContractor's Representative, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator Consultant's Representative under paragraph (c) or any amendment required by the Contract Administrator Consultant's Representative under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract AdministratorContractor's Representative: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B d)(i) to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)Bd)(i), take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender proposal for the Services. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2Representative.

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.78.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract Administrator; and the Contractor Consultant must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender for the ContractorServices. Role of the COMMONWEALTH Information and Services The Commonwealth must as soon as practicable make available to the Consultant: all relevant information, documents and particulars relating to the Works and to the Commonwealth's Activities requirements for the Works, including the Commonwealth's Program; and in details of the Local Industry Capability Plan budget for the Works, as finalised under clause 9.2relevant to the Services.

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.. QUALITY

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator PDS Contractor and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's ’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's ’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator PDS Contractor may require. The Contract Administrator PDS Contractor must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator PDS Contractor has determined a Pandemic Relief Event has occurred, the Contract Administrator PDS Contractor may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.79.5; and subject to the Contractor complying with clause 12, have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator PDS Contractor under paragraph (c), as determined by the Contract AdministratorPDS Contractor; and the Contractor must: comply with any direction of the Contract Administrator PDS Contractor in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorPDS Contractor, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator PDS Contractor under paragraph (c) or any amendment required by the Contract Administrator PDS Contractor under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract AdministratorPDS Contractor: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.8.7. QUALITY

Pandemic Relief Event. If the Contractor Subcontractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Contractor's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Subcontractor’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the ContractorSubcontractor's plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Subcontractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Relief Event, (ContractorSubcontractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator Contractor's Representative may require. The Contract Administrator Contractor's Representative must, within 14 days of receipt of the ContractorSubcontractor's notice under paragraph (a) notify the Contractor and the Commonwealth Subcontractor of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator Contractor's Representative has determined a Pandemic Relief Event has occurred, the Contract Administrator Contractor's Representative may, without being under any obligation to do so, instruct the Contractor Subcontractor as to the course it must adopt insofar as the ContractorSubcontractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Subcontract Price increased by the extra costs reasonably incurred by the Contractor Subcontractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator Contractor's Representative under paragraph (c), as determined by the Contract AdministratorContractor's Representative; and the Contractor Subcontractor must: comply with any direction of the Contract Administrator Contractor's Representative in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorContractor's Representative, implement the ContractorSubcontractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator Contractor's Representative under paragraph (c) or any amendment required by the Contract Administrator Contractor's Representative under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract AdministratorContractor's Representative: will reduce any entitlement the Contractor Subcontractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor Subcontractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Relief Event; and may, for the purposes of assessing the ContractorSubcontractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Subcontract Price submitted by the Contractor Subcontractor in its tender for the ContractorSubcontractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.Activities. QUALITY

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Principal notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's ’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's ’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth Principal of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.79.5; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth Principal be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.8.7. The parties acknowledge and agree that, as this clause 7.6 and consequential amendments relating to this clause have been incorporated into the Contract after the Award Date by way of a deed of amendment entered into by the parties (Deed of Amendment), the following provisions apply in relation to a claim arising from a Pandemic Relief Event: in clause 9.4(k), the reference to “commencement of the delay” is to be read as a reference to “later of the commencement of the delay and the Effective Date (as defined in the Deed of Amendment)”; and in clause 12.1(a), the reference to “occurrence of the events on which the claim is based,” is to be read as a reference to “the later of the occurrence of the events on which the claim is based and the Effective Date (as defined in the Deed of Amendment)”. In clause 9.4 of the Conditions of Contract: in paragraph (h), delete the word “or”; in paragraph (i), insert the word "or" after "Award Date; "; after paragraph (i), insert a new paragraph (j) as follows:

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Commonwealth's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator Commonwealth's Representative may require. The Contract Administrator Commonwealth's Representative must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator Commonwealth's Representative has determined a Pandemic Relief Event has occurred, the Contract Administrator Commonwealth's Representative may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator Commonwealth's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract AdministratorCommonwealth's Representative; and the Contractor Consultant must: comply with any direction of the Contract Administrator Commonwealth's Representative in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorCommonwealth's Representative, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator Commonwealth's Representative under paragraph (c) or any amendment required by the Contract Administrator Commonwealth's Representative under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract AdministratorCommonwealth's Representative: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B d)(i) to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)Bd)(i), take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender proposal for the ContractorServices. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Activities and in Representative. Role of the Local Industry Capability Plan as finalised under clause 9.2.Commonwealth

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's ’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's ’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price Contractor’s Work Fee (Planning) or the Contractor’s Work Fee (Delivery) (as the case may be) increased by the extra costs reasonably incurred by the Contractor Contractor: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and to the extent such costs were exclusively incurred for the purposes of performing the Contractor’s Work (Planning) or the Contractor’s Work (Delivery) (as the case may be), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than than: under subparagraph (d)(i); or for Reimbursable Costs. The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B d)(i) to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)Bd)(i), take into account any breakdown of the Contract Price Contractor’s Work Fee (Planning) or the Contractor’s Work Fee (Delivery) (as the case may be) submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2. If the Contractor's Work Fee (Planning) or the Contractor's Work Fee (Delivery) is adjusted under paragraph (d)(i) (as the case may be), then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: as agreed by the Contractor and the Contract Administrator; or if not agreed, as reasonably determined by the Contract Administrator.

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Commonwealth's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator Commonwealth's Representative may require. The Contract Administrator Commonwealth's Representative must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator Commonwealth's Representative has determined a Pandemic Relief Event has occurred, the Contract Administrator Commonwealth's Representative may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator Commonwealth's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract AdministratorCommonwealth's Representative; and the Contractor Consultant must: comply with any direction of the Contract Administrator Commonwealth's Representative in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorCommonwealth's Representative, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator Commonwealth's Representative under paragraph (c) or any amendment required by the Contract Administrator Commonwealth's Representative under subparagraph (d)(ii)Bd)(i)B, other than under subparagraph (d)(i). The Contract AdministratorCommonwealth's Representative: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B d)(i) to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)Bd)(i), take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender proposal for the ContractorServices. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Activities Representative. This paragraph (h) only applies to Terms of Engagement that are referenced in a Contract entered into between the parties prior to the date of the Amending Agreement (as defined below). The parties acknowledge and agree that, as this clause 21.21 and consequential amendments relating to this clause have been incorporated into the Contract after the Award Date by way of an amending agreement entered into by the parties (Amending Agreement), the following provision applies in relation to a Claim arising from a Pandemic Relief Event, namely that in clause 32.3(a), the reference to "the first occurrence of the direction or other fact, matter or thing upon which the Claim is based," is to be read as a reference to "the later of the first occurrence of the direction or other fact, matter or thing upon which the Claim is based and the Effective Date (as defined in the Local Industry Capability Plan Amending Agreement),". Role of the Commonwealth Information and Services The Commonwealth must as finalised under clause 9.2soon as practicable make available to the Consultant all relevant information, documents and particulars relating to the Project and to the Commonwealth’s requirements for the Project, including the Commonwealth's Program.

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Principal notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's ’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's ’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth Principal of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.79.5; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth Principal be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.Activities. QUALITY

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.78.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.Consultant:

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.78.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract Administrator; and the Contractor Consultant must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender for the ContractorServices. Role of the COMMONWEALTH Information and Services The Commonwealth must as soon as practicable make available to the Consultant: all relevant information, documents and particulars relating to the Works and to the Commonwealth's Activities requirements for the Works, including the Commonwealth's Program; and in details of the Local Industry Capability Plan budget for the Works, as finalised under clause 9.2relevant to the Services.

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Principal notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's ’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's ’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth Principal of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.79.5; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth Principal be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.8.7. QUALITY

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's ’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's ’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Remediation Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph paragraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender proposal for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2Activities.

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's ’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's ’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.79.5; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator. Such entitlements will be subject to the Contractor complying with clause 12; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)BB., other than under subparagraph (d)(ii). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B B. to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)BB., take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.28.7.

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Commonwealth's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator Commonwealth's Representative may require. The Contract Administrator Commonwealth's Representative must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator Commonwealth's Representative has determined a Pandemic Relief Event has occurred, the Contract Administrator Commonwealth's Representative may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator Commonwealth's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract AdministratorCommonwealth's Representative; and the Contractor Consultant must: comply with any direction of the Contract Administrator Commonwealth's Representative in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorCommonwealth's Representative, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator Commonwealth's Representative under paragraph (c) or any amendment required by the Contract Administrator Commonwealth's Representative under subparagraph (d)(ii)Bd)(i)B, other than under subparagraph (d)(i). The Contract AdministratorCommonwealth's Representative: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B d)(i) to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)Bd)(i), take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender proposal for the ContractorServices. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Activities Representative. This paragraph (h) only applies to Terms of Engagement that are referenced in a Contract entered into between the parties prior to the date of the Amending Agreement (as defined below). The parties acknowledge and agree that, as this clause 2.21 and consequential amendments relating to this clause have been incorporated into the Contract after the Award Date by way of an amending agreement entered into by the parties (Amending Agreement), the following provision applies in relation to a Claim arising from a Pandemic Relief Event, namely that in clause 13.3(a), the reference to "the first occurrence of the direction or other fact, matter or thing upon which the Claim is based," is to be read as a reference to "the later of the first occurrence of the direction or other fact, matter or thing upon which the Claim is based and the Effective Date (as defined in the Local Industry Capability Plan Amending Agreement),". Role of the Commonwealth Information and Services The Commonwealth must as finalised under clause 9.2soon as practicable make available to the Consultant all relevant information, documents and particulars relating to the Project and to the Commonwealth’s requirements for the Project, including the Commonwealth's Program.

Pandemic Relief Event. If the Contractor considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's ’s Activities caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's ’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Pandemic Relief Plan); and such other details or information as the Contract Administrator may require. The Contract Administrator must, within 14 days of receipt of the Contractor's notice under paragraph (a) notify the Contractor and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator has determined a Pandemic Relief Event has occurred, the Contract Administrator may, without being under any obligation to do so, instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Contractor must: comply with any direction of the Contract Administrator in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract Administrator, implement the Contractor's Pandemic Relief Plan. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator under paragraph (c) or any amendment required by the Contract Administrator under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract Administrator: will reduce any entitlement the Contractor would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price submitted by the Contractor in its tender for the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2.. The parties acknowledge and agree that, as this clause 8.30 and consequential amendments relating to this clause have been incorporated into the Contract after the Award Date by way of a deed of amendment entered into by the parties (Deed of Amendment), the following provisions apply in relation to a Claim arising from a Pandemic Relief Event: in clause 10.6, each reference to “commencement of the occurrence causing the delay” is to be read as a reference to “later of the commencement of the occurrence causing the delay and the Effective Date (as defined in the Deed of Amendment)”; and in clause 16.3(a), the reference to “first occurrence of the direction or other fact, matter or thing upon which the Claim is based,” is to be read as a reference to “the later of the first occurrence of the direction or other fact, matter or thing upon which the Claim is based and the Effective Date (as defined in the Deed of Amendment)”. The line-item in the Contract Particulars titled “Additional causes of delay entitling Contractor to claim an extension of time: (Clauses 10.5(a) and 10.7(c)(i))” is amended by including a new item 7 as follows:

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Contractor's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator Contractor's Representative may require. The Contract Administrator Contractor's Representative must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator Contractor's Representative has determined a Pandemic Relief Event has occurred, the Contract Administrator Contractor's Representative may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator Contractor's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract AdministratorContractor's Representative; and the Contractor Consultant must: comply with any direction of the Contract Administrator Contractor's Representative in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorContractor's Representative, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator Consultant's Representative under paragraph (c) or any amendment required by the Contract Administrator Consultant's Representative under subparagraph (d)(ii)Bd)(ii)B., other than under subparagraph (d)(i). The Contract AdministratorContractor's Representative: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B d)(i) to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)Bd)(i), take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender proposal for the Services. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Contractor's Activities and in the Local Industry Capability Plan as finalised under clause 9.2Representative.

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Contractor’s Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator Contractor’s Representative may require. The Contract Administrator Contractor’s Representative must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor and the Commonwealth Consultant of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator Contractor’s Representative has determined a Pandemic Relief Event has occurred, the Contract Administrator Contractor’s Representative may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.78.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator Contractor’s Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract AdministratorContractor’s Representative; and the Contractor Consultant must: comply with any direction of the Contract Administrator Contractor’s Representative in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorContractor’s Representative, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator Contractor’s Representative under paragraph (c) or any amendment required by the Contract Administrator Contractor’s Representative under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract AdministratorContractor’s Representative: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)B, take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender for the Services. Role of the CONTRACTOR Information and Services The Contractor must as soon as practicable make available to the Consultant: all relevant information, documents and particulars relating to the MCC Works and to the Contractor's Activities requirements for the MCC Works, including the Contractor's Program; and in details of the Local Industry Capability Plan budget for the MCC Works, as finalised under clause 9.2relevant to the Services.

Pandemic Relief Event. If the Contractor Consultant considers that there has been a Pandemic Relief Event, it must promptly give the Contract Administrator and the Commonwealth Commonwealth's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Contractor's Activities Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Relief Event; the Contractor's Consultant’s plan to deal with the consequences of the Pandemic Relief Event which must as a minimum include details of the steps that the Contractor Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Relief Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event, (Contractor's Consultant’s Pandemic Relief Plan); and such other details or information as the Contract Administrator Commonwealth's Representative may require. The Contract Administrator Commonwealth's Representative must, within 14 days of receipt of the Contractor's Consultant’s notice under paragraph (a) notify the Contractor Consultant and the Commonwealth of its determination whether a Pandemic Relief Event has occurred. Where the Contract Administrator Commonwealth's Representative has determined a Pandemic Relief Event has occurred, the Contract Administrator Commonwealth's Representative may, without being under any obligation to do so, instruct the Contractor Consultant as to the course it must adopt insofar as the Contractor's Activities Services are affected by the Pandemic Relief Event. If a Pandemic Relief Event occurs: subject to paragraph (f), the Contractor Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price Fee increased by the extra costs reasonably incurred by the Contractor Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Relief Event and any instruction of the Contract Administrator Commonwealth's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Contract AdministratorCommonwealth's Representative; and the Contractor Consultant must: comply with any direction of the Contract Administrator Commonwealth's Representative in relation to the Pandemic Relief Event; and subject to any amendments required by the Contract AdministratorCommonwealth's Representative, implement the Contractor's Consultant’s Pandemic Relief Plan. To the extent permitted by law, the Contractor Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Relief Event, any instruction of the Contract Administrator Commonwealth's Representative under paragraph (c) or any amendment required by the Contract Administrator Commonwealth's Representative under subparagraph (d)(ii)B, other than under subparagraph (d)(i). The Contract AdministratorCommonwealth's Representative: will reduce any entitlement the Contractor Consultant would have otherwise had under subparagraph (d)(i)B d)(i) to the extent that the Contractor Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Relief Event; and may, for the purposes of assessing the Contractor's Consultant’s entitlement under subparagraph (d)(i)Bd)(i), take into account any breakdown of the Contract Price Fee submitted by the Contractor Consultant in its tender proposal for the ContractorServices. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Activities Representative. The parties acknowledge and agree that, as this clause 2.19 and consequential amendments relating to this clause have been incorporated into the Contract after the Award Date by way of a deed of amendment entered into by the parties (Deed of Amendment), the following provision applies in relation to a Claim arising from a Pandemic Relief Event, namely that in clause 14.3(a), the reference to "the first occurrence of the direction or other fact, matter or thing upon which the Claim is based," is to be read as a reference to "the later of the first occurrence of the direction or other fact, matter or thing upon which the Claim is based and the Effective Date (as defined in the Local Industry Capability Plan as finalised under clause 9.2Deed of Amendment)".