17.1.1  Entitlement

Jurisdictions may choose to provide different levels of detail as to what 'reasonable costs and expenses' include. Subject to the overriding principles and requirements set out in section 17.1.2 below, the private party will generally be entitled to the following categories of costs and expenses:

(a)  the sum of the following incremental amounts properly and reasonably incurred by it:

(i)  design and construction trade costs;

(ii)  debt financing costs for the period of the delay;

(iii)  external third party advisory costs; and

(iv)  administrative and overhead costs of the private party;

less:

(b)  any insurance proceeds or damages or other compensation or amounts received or receivable by the private party as a direct result of the Compensation Event;

(c)  any costs avoided (including tax, financing and/or other benefits associated with deferred expenditure) accruing to the private party as a result of the occurrence of a Compensation Event; and

(d)  any additional revenue (over and above that specified in the Base Case Financial Model) which will be earned as a direct result of the Compensation Event.