21.2.1  Relief from obligations

(a)  Subject to paragraph (b), to the extent that:

(i)  a Force Majeure Event prevents the private party from performing all or a material part of its obligations under the project agreement;

(ii)  the impact of the Force Majeure Event could not reasonably have been mitigated or recovered by the private party acting in accordance with Good Industry Practice, and without incurring material expenditure in excess of the amount it is entitled to recover under any insurance policy in respect of a Force Majeure Event;

(iii)  the private party is using its best endeavours to perform its obligations under the project agreement; and

(iv)  the private party (including agents, employees or sub-contractors) did not cause (either directly or indirectly) the Force Majeure Event,

the private party can apply for and government will grant such relief from the private party's obligations (including time relief and relief from termination) as is reasonable taking into account the likely effect of the Force Majeure Event. An Event of Default or Default Termination Event will be deemed not to have occurred to the extent that the failure or breach is the direct result of a Force Majeure Event.

(b)  Relief will not be given when:

(i)  any of the above events are caused (directly or indirectly) by the private party, any of the private party's related parties, agents or employees or any subcontractor (and in each case, whether as a result of their action or inaction including, as a result of a breach by the private party of its obligations under the project documents); or

(ii)  the occurrence or effects of an event are otherwise within the private party's control. This includes where the private party should have put in place appropriate contingency plans so as to reduce or avoid any effects on its ability to perform its obligations under the project documents.