5.2.3  Compensation

Government will not be liable to the private party for any Loss or damage which the private party suffers or incurs as a result of the discovery of artefacts at the site. However, where government assumes this risk the private party may be entitled to Compensation,21 where delays arise or additional costs are reasonably incurred (by the private party), as a direct result of any government direction, legal requirement, court or tribunal order to suspend or cease all or any part of the project activities because of the discovery of an artefact (provided the suspension or cessation order does not result from a private party breach of its obligations in dealing with discovered artefacts).22

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21 See chapter 16 (Compensation Events)

22 In some jurisdictions government may require the private party to bear this risk for a specified period of time before being entitled to any Compensation. In other jurisdictions the private party will only be entitled to Compensation for delay costs where they are delayed from achieving Completion by the date anticipated for Completion.