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3 If the Contractor finds any inconsistency, ambiguity or discrepancy in the Specification, it shall immediately notify the
Employer, and the Employer shall issue an Employer's Instruction required to deal with it. Subject to Clause 5 (Design), if
such inconsistency, ambiguity or discrepancy was not identifiable at the Effective Date by the exercise of Good Industry
Practice and, as a result, the Contractor suffers delay and/or incurs Cost, the Contractor shall give a further notice to the
Employer and shall be entitled subject to Clauses 8.4 (Extension of Time), 8.5 (Time Impact Analysis) and 19.1 (Contractor's
Claims) to:
(a) an Extension of Time; and
(b) payment of any such Cost, which shall be added to the Contract Price.
After receiving this further notice, the Employer shall proceed in accordance with Clause 3.5 (Determinations) to agree or
determine the matters contained in such notice.
2.1.1 The Employer shall give the Contractor a right of access to all parts of the Site within the time (or times) stated in the
Particulars. This right of access shall not be exclusive to the Contractor. Subject to Clause 4.6, under the Contract, the
Employer is required to give to the Contractor a right of access to any foundation, structure or plant, the Employer shall
do so in the time and manner and subject to such constraints as may be stated in the Specification. However, the Employer
may withhold any right of access until the Performance Security have been provided by the Contractor in accordance with
the Contract.
2.1.2 If the Contractor suffers critical delay and/or incurs Cost as a result of a failure by the Employer to give any such right of
access in accordance with Clause 2.1.1 (Right of Access to the Site), the Contractor shall give notice to the Employer and shall
be entitled subject to Clauses 8.4 (Extension of Time), 8.5 (Time Impact Analysis) and 19.1 (Contractor's Claims) to:
(a) an Extension of Time; and/or
(b) payment of any such Cost plus Profit, which shall be added to the Contract Price,
provided always that, if and to the extent that the Employer's failure was caused by any error or delay by the Contractor,
including an error in, or delay in the submission of, any of the Contractor's Documents, the Contractor shall not be entitled
to such Extension of Time, Cost or Profit. After receiving this notice, the Employer shall proceed in accordance with Clause
2.4.1 If the Employer considers itself to be entitled to any payment under any provision of the Contract or otherwise in
connection with the Contract, and/or to any extension of the Defects Notification Period, the Employer or the Employer
shall give notice and particulars to the Contractor (save that such notice is not required for payments due pursuant to
Clauses 4.19 (Electricity, Water and Gas), 4.20 (Employer's Equipment and Free-Issue Material), 8.7 (Delay Damages), 11.4 (Failure
to Remedy Defects), 13.3 (Interim Payments), 14.5 (Payment after Termination for Contractor Default), or 16.1 (Indemnities), or
pursuant to any other indemnity from the Contractor under the Contract.
2.4.2 A notice pursuant to Clause 2.4.1 (Employer's Claims) shall be given as soon as reasonably practicable after the Employer
becomes aware of the event or circumstances giving rise to the claim. A notice relating to any extension of the Defects
Notification Period shall be given before the expiry of the Defects Notification Period.
2.4.3 A notice pursuant to Clause 2.4.1 (Employer's Claims) shall specify the Clause or other basis of the claim, and shall include
substantiation of the amount and/or extension to which the Employer considers itself to be entitled in connection with the
Contract. The Employer shall then proceed in accordance with Clause 3.5 (Determinations) to agree or determine:
(a) the amount (if any) which the Employer is entitled to be paid by the Contractor; and/or
(b) the extension (if any) of the Defects Notification Period, in accordance with Clause 11.3 (Extension of Defects
Notification Period).
2.4.4 Notwithstanding any other provision in the Contract, the Employer shall be entitled to recover as a debt from the
Contractor, or to set off from any payment due to the Contractor under the Contract, the amount of any claim of the
Employer against the Contractor pursuant to, arising out of and/or in connection with the Contract.
8.4.1 Subject to Clause 8.4.2 (Extension of Time), the Contractor shall be entitled subject to Clauses 8.5 (Time Impact Analysis) and
19.1 (Contractor's Claims) to an Extension of Time if and to the extent that Completion is or will be critically delayed beyond
the Time for Completion by any of the following causes, but only to the extent that such causes are not in any way
consequent upon or necessitated by any act or omission, breach of contract, negligence or default by the Contractor or
the Contractor's Personnel, and provided always that the Contractor has used best endeavors to prevent such delay,
however, caused, and has taken and shall take all proper efforts to mitigate such delay:
(a) a Variation (unless an adjustment to the Time for Completion has been agreed under Clause 12 (Variations and
Adjustments));
(b) a cause of delay giving an entitlement to an Extension of Time under:
(i) Clause 1.5.3 (Priority of Documents);
(ii) Clause 1.9 (Delayed Drawings or Instructions);
(iii) Clause 2.1.2 (Right of Access to the Site);
(iv) Clause 7.4.6 (Testing);
(v) Clause 8.9.1 (Consequences of Suspension);
(vi) Clause 9.2.1 (Delayed Tests on Completion);
(vii) Clause 12.6.1 (Adjustments for Changes in Law);
(viii) Clause 15.1.4 (Contractor's Entitlement to Suspend Works);
(ix) Clause 16.3.2 (Employer's Country Risks);
(x) Clause 18.3 (Consequences of Force Majeure); and
(c) any breach of the Contract by the Employer, or any impediment or prevention caused by the Employer; or subject
to Clause 4.6 (Co-operation), the Employer's Personnel.
If the Contractor considers himself to be entitled to an Extension of Time, the Contractor shall give notice to the Employer
in accordance with Clause 19.1 (Contractor's Claims) and comply with the requirements of Clause 8.5 (Time Impact Analysis).
When determining each Extension of Time under Clause 19.1 (Contractor's Claims), the Employer shall review previous
determinations and may increase, but shall not decrease, the total Extension of Time.
8.4.2 Notwithstanding any other provision of this Contract, if there are two or more concurrent causes of delay and only one of
those concurrent causes is a cause of delay which would entitle the Contractor to an Extension of Time in accordance with
Clause 8.4.1 (Extension of Time), then:
(a) the Contractor shall be entitled to an Extension of Time for the period of such concurrency in accordance with
Clause 8.4.1 (Extension of Time), save that the Contractor shall not be entitled to an Extension of Time for the
period of such concurrency to the extent that the concurrent cause of delay is as a result of any impediment or
prevention caused by Other Contractors and/or Consultants; and
(b) the Contractor shall not be entitled to any additional Cost and/or adjustment to the Contract Price by reason of
such delay.