Variations to the number of At-Grade Car Parking Bays Sample Clauses

Variations to the number of At-Grade Car Parking Bays. (a) If: (i) Project Co considers in its reasonable opinion that an At-Grade Car Parking Bay is not Available; and (ii) the reason the At-Grade Car Parking Bay is not Available is not caused or contributed to by an act or omission of Project Co or Project Co Associates; then Project Co may submit a notice to the Delegate including details of the location of the At-Grade Car Parking Bay that is not Available and the reasons why it is not Available. (b) If the Delegate: (i) is reasonably satisfied that the relevant At-Grade Car Parking Bay is not Available for the reasons stated in paragraph (a), then the Delegate may replace any At-Grade Car Parking Bay that is not Available with an alternative and Available parking bay; or (ii) is not reasonably satisfied that the At-Grade Car Parking Bay is not Available for the reasons stated in paragraph (a), the Delegate must notify Project Co of this opinion and Project Co may dispute the Delegate’s opinion in accordance with Clause 15. (c) If the Delegate replaces the At-Grade Car Parking Bay that is not Available within 3 Business Days of receiving a notice from Project Co in accordance with paragraph (a), or the At-Grade Car Parking Bay otherwise becomes Available in accordance with Clause 7.1 within such period, then, subject to paragraph (d), Project Co will not be entitled to make any Claim in connection with the At-Grade Car Parking Bay not being Available. The Delegate will replace the relevant At-Grade Car Parking Bay by issuing an Allocation Notice. (d) If: (i) the Delegate does not replace an At-Grade Car Parking Bay that is not Available; or (ii) the Car Park Unavailability Threshold is exceeded during any Financial Year, Project Co is entitled to submit a Claim to the State in accordance with Clause 21.6 (Variations to the number of Parking Bays) of the Project Agreement. Any entitlement to compensation will be assessed in accordance with that Clause and Project Co is not entitled to make any other Claim in connection with the At-Grade Car Parking Bay not being Available. (e) For the purpose of paragraph (d), the following definitions apply: (i) Lost Car Park Days means, in any Financial Year, the aggregate of: A. the number of days during which any At-Grade Car Parking Bay is not Available; multiplied by B. the number of At-Grade Car Parking Bays that are not Available on each such day; and (ii) the Car Park Unavailability Threshold means 2500 Lost Car Park Days.
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Related to Variations to the number of At-Grade Car Parking Bays

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