Common use of Pandemic Adjustment Event Clause in Contracts

Pandemic Adjustment Event. If the Consultant considers that there has been a Pandemic Adjustment Event, it must promptly give the Commonwealth's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); and such other details or information as the Commonwealth's Representative may require. The Commonwealth's Representative must, within 14 days of receipt of the Consultant’s notice under paragraph (a) notify the Consultant and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative may, without being under any obligation to do so, instruct the Consultant as to the course it must adopt insofar as the Services are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant will be entitled to have the Fee increased by the extra costs reasonably incurred by the Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's Representative; and the Consultant must: comply with any direction of the Commonwealth's Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by the Commonwealth's Representative, implement the Consultant’s Pandemic Adjustment Plan. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.19; and without limiting subparagraph (i), the Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, any instruction of the Commonwealth's Representative under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B., other than under subparagraph (d)(i). The Commonwealth's Representative: will reduce any entitlement the Consultant would have otherwise had under subparagraph (d)(i) to the extent that the Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s entitlement under subparagraph (d)(i), take into account any breakdown of the Fee submitted by the Consultant in its proposal for the Services. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the Commonwealth

Pandemic Adjustment Event. If the Consultant considers that there has been a Pandemic Adjustment Event, it must promptly give the Commonwealth's Contractor’s Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); and such other details or information as the Commonwealth's Contractor’s Representative may require. The Commonwealth's Contractor’s Representative must, within 14 days of receipt of the Consultant’s notice under paragraph (a) notify the Consultant and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Contractor’s Representative has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Contractor’s Representative may, without being under any obligation to do so, instruct the Consultant as to the course it must adopt insofar as the Services are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 8.7; and have the Fee increased by the extra costs reasonably incurred by the Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Contractor’s Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's Contractor’s Representative; and the Consultant must: comply with any direction of the Commonwealth's Contractor’s Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by the Commonwealth's Contractor’s Representative, implement the Consultant’s Pandemic Adjustment Plan. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.192.15; and without limiting subparagraph (i), the Consultant will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, any instruction of the Commonwealth's Contractor’s Representative under paragraph (c) or any amendment required by the Commonwealth's Contractor’s Representative under subparagraph (d)(ii)B.d)(ii)B, other than under subparagraph (d)(i). The Commonwealth's Contractor’s Representative: will reduce any entitlement the Consultant would have otherwise had under subparagraph (d)(i) d)(i)B to the extent that the Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s entitlement under subparagraph (d)(i)d)(i)B, take into account any breakdown of the Fee submitted by the Consultant in its proposal tender for the Services. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthCONTRACTOR Information and Services The Contractor must as soon as practicable make available to the Consultant: all relevant information, documents and particulars relating to the MCC Works and to the Contractor's requirements for the MCC Works, including the Contractor's Program; and details of the budget for the MCC Works, as relevant to the Services.

Pandemic Adjustment Event. If the Consultant Subconsultant considers that there has been a Pandemic Adjustment Event, it must promptly give the Commonwealth's Consultant’s Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Subcontract Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the ConsultantSubconsultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant Subconsultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth Consultant in respect of the Pandemic Adjustment Event, (ConsultantSubconsultant’s Pandemic Adjustment Plan); and such other details or information as the Commonwealth's Consultant’s Representative may require. The Commonwealth's Consultant’s Representative must, within 14 days of receipt of the ConsultantSubconsultant’s notice under paragraph (a) notify the Consultant and the Commonwealth Subconsultant of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Consultant’s Representative has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Consultant’s Representative may, without being under any obligation to do so, instruct the Consultant Subconsultant as to the course it must adopt insofar as the Subcontract Services are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Subconsultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 8.7; and have the Fee increased by the extra costs reasonably incurred by the ConsultantSubconsultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Consultant’s Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Subcontract Services, as determined by the Commonwealth's Consultant’s Representative; and the Consultant Subconsultant must: comply with any direction of the Commonwealth's Consultant’s Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by the Commonwealth's Consultant’s Representative, implement the ConsultantSubconsultant’s Pandemic Adjustment Plan. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.192.14; and without limiting subparagraph (i), the Consultant Subconsultant will not be entitled to make (nor will the Commonwealth Consultant be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, any instruction of the Commonwealth's Consultant’s Representative under paragraph (c) or any amendment required by the Commonwealth's Consultant’s Representative under subparagraph (d)(ii)B.d)(ii)B, other than under subparagraph (d)(i). The Commonwealth's Consultant’s Representative: will reduce any entitlement the Consultant Subconsultant would have otherwise had under subparagraph (d)(i) d)(i)B to the extent that the Consultant Subconsultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Consultant in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the ConsultantSubconsultant’s entitlement under subparagraph (d)(i)d)(i)B, take into account any breakdown of the Fee submitted by the Consultant Subconsultant in its proposal tender for the Subcontract Services. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthCONSULTANT Information and Subcontract Services The Consultant must as soon as practicable make available to the Subconsultant: all relevant information, documents and particulars relating to the Works and to the Consultant’s requirements for the Works, including the Consultant's Program; and details of the budget for the Works, as relevant to the Subcontract Services.

Pandemic Adjustment Event. If the Consultant considers that there has been a Pandemic Adjustment Event, it must promptly give the Commonwealth's Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); and such other details or information as the Commonwealth's Representative may require. The Commonwealth's Representative must, within 14 days of receipt of the Consultant’s notice under paragraph (a) notify the Consultant and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative may, without being under any obligation to do so, instruct the Consultant as to the course it must adopt insofar as the Services are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant will be entitled to have the Fee increased by the extra costs reasonably incurred by the Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's Representative; and the Consultant must: comply with any direction of the Commonwealth's Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by the Commonwealth's Representative, implement the Consultant’s Pandemic Adjustment Plan. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.19; and without limiting subparagraph (i), the Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, any instruction of the Commonwealth's Representative under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B., other than under subparagraph (d)(i). The Commonwealth's Representative: will reduce any entitlement the Consultant would have otherwise had under subparagraph (d)(i) to the extent that the Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s entitlement under subparagraph (d)(i), take into account any breakdown of the Fee submitted by the Consultant in its proposal for the Services. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the Commonwealth.

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the CommonwealthContractor's Representative and the other party notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the CommonwealthContractor's Representative may require. The CommonwealthContractor's Representative must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant and the Commonwealth Subcontractor of its determination whether a Pandemic Adjustment Event has occurred. Where the CommonwealthContractor's Representative has determined a Pandemic Adjustment Event has occurred, the CommonwealthContractor's Representative may, without being under any obligation to do so, instruct the Consultant Subcontractor as to the course it must adopt insofar as the Services Subcontractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 9.5; and have the Fee Subcontract Price increased by the extra costs reasonably incurred by the Consultant: Subcontractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the CommonwealthContractor's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the CommonwealthContractor's Representative; subject to paragraph (f), the Subcontract Price will be decreased by any savings made (or which would have been made if the Subcontractor had taken all reasonable steps to maximise savings) by the Subcontractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contractor's Representative under paragraph (c), as determined by the Contractor's Representative; and the Consultant Subcontractor must: comply with any direction of the CommonwealthContractor's Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment Plan. Event in accordance with clause 8.7.. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.197.7; and without limiting subparagraph (i), the Consultant Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the CommonwealthContractor's Representative under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph paragraph (d)(i). The CommonwealthContractor's Representative: will reduce any entitlement the Consultant Subcontractor would have otherwise had under subparagraph paragraph (d)(i) d)(i)B to the extent that the Consultant Subcontractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Subcontract); or minimise any additional cost to the Contractor in respect of the Pandemic Adjustment Event; will take into account, for the purposes of paragraph (d)(ii), the extent that the Subcontractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth Contractor in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Subcontractor's entitlement under subparagraph paragraph (d)(id)(i)B or the adjustment under paragraph (d)(ii), take into account account: any breakdown of the Fee Subcontract Price submitted by the Consultant Subcontractor in its proposal tender for the Services. If Subcontractor's Activities; and the Fee is adjusted Pandemic Management Plan as finalised under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the Commonwealthclause 8.7.

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the Commonwealth's Representative Contract Administrator and the other party notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the Commonwealth's Representative Contract Administrator may require. The Commonwealth's Representative Contract Administrator must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant Contractor and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative Contract Administrator has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative Contract Administrator may, without being under any obligation to do so, instruct the Consultant Contractor as to the course it must adopt insofar as the Services Contractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Fee Contract Price increased by the extra costs reasonably incurred by the Consultant: Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's RepresentativeContract Administrator; subject to paragraph (f), the Contract Price will be decreased by any savings made (or which would have been made if the Contractor had taken all reasonable steps to maximise savings) by the Contractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Consultant Contractor must: comply with any direction of the Commonwealth's Representative Contract Administrator in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment PlanEvent in accordance with clause 9.2. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.198.29; and without limiting subparagraph (i), the Consultant Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph paragraph (d)(i). The Commonwealth's RepresentativeContract Administrator: will reduce any entitlement the Consultant Contractor would have otherwise had under subparagraph paragraph (d)(i) d)(i)B to the extent that the Consultant Contractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Contract); or minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event; will take into account, for the purposes of paragraph (d)(ii), the extent that the Contractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Contractor's entitlement under subparagraph paragraph (d)(id)(i)B or the adjustment under paragraph (d)(ii), take into account account: any breakdown of the Fee Contract Price submitted by the Consultant Contractor in its proposal tender for the ServicesContractor's Activities; and the Local Industry Capability Plan and Pandemic Management Plan as finalised under clause 9.2. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthQUALITY

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the Commonwealth's Representative Contract Administrator and the other party notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the Commonwealth's Representative Contract Administrator may require. The Commonwealth's Representative Contract Administrator must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant Contractor and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative Contract Administrator has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative Contract Administrator may, without being under any obligation to do so, instruct the Consultant Contractor as to the course it must adopt insofar as the Services Contractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: in the Delivery Phase, subject to paragraph (f), the Consultant Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Fee Delivery Phase Price increased by the extra costs reasonably incurred by the Consultant: Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's RepresentativeContract Administrator; in the Delivery Phase, subject to paragraph (f), the Delivery Phase Price will be decreased by any savings made (or which would have been made if the Contractor had taken all reasonable steps to maximise savings) by the Contractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Consultant Contractor must: comply with any direction of the Commonwealth's Representative Contract Administrator in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment PlanEvent in accordance with clause 9.2. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.198.29; and without limiting subparagraph (i), the Consultant Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph paragraph (d)(i). The Commonwealth's RepresentativeContract Administrator: will reduce any entitlement the Consultant Contractor would have otherwise had under subparagraph paragraph (d)(i) d)(i)B to the extent that the Consultant Contractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Contract); or minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event; will take into account, for the purposes of paragraph (d)(ii), the extent that the Contractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Contractor's entitlement under subparagraph paragraph (d)(id)(i)B or the adjustment under paragraph (d)(ii), take into account account: any breakdown of the Fee Contract Price submitted by the Consultant Contractor in its proposal tender for the ServicesContractor's Activities or in accordance with clause 2.6; and the Local Industry Capability Plan and Pandemic Management Plan as finalised under clause 9.2. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthQUALITY

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the CommonwealthContractor's Representative and the other party notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the CommonwealthContractor's Representative may require. The CommonwealthContractor's Representative must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant and the Commonwealth Subcontractor of its determination whether a Pandemic Adjustment Event has occurred. Where the CommonwealthContractor's Representative has determined a Pandemic Adjustment Event has occurred, the CommonwealthContractor's Representative may, without being under any obligation to do so, instruct the Consultant Subcontractor as to the course it must adopt insofar as the Services Subcontractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Fee Subcontract Price increased by the extra costs reasonably incurred by the Consultant: Subcontractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the CommonwealthContractor's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the CommonwealthContractor's Representative; subject to paragraph (f), the Subcontract Price will be decreased by any savings made (or which would have been made if the Subcontractor had taken all reasonable steps to maximise savings) by the Subcontractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contractor's Representative under paragraph (c), as determined by the Contractor's Representative; and the Consultant Subcontractor must: comply with any direction of the CommonwealthContractor's Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment PlanEvent in accordance with clause 9.2. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.198.29; and without limiting subparagraph (i), the Consultant Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the CommonwealthContractor's Representative under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph (d)(i). The CommonwealthContractor's Representative: will reduce any entitlement the Consultant Subcontractor would have otherwise had under subparagraph (d)(i) d)(i)B to the extent that the Consultant Subcontractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Subcontract); or minimise any additional cost to the Contractor in respect of the Pandemic Adjustment Event; will take into account, for the purposes of subparagraph (d)(ii), the extent that the Subcontractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth Contractor in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Subcontractor's entitlement under subparagraph (d)(id)(i)B or the adjustment under subparagraph (d)(ii), take into account account: any breakdown of the Fee Subcontract Price submitted by the Consultant Subcontractor in its proposal tender for the Services. If Subcontractor's Activities; and the Fee is adjusted Pandemic Management Plan as finalised under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the Commonwealthclause 9.2.

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the Commonwealth's Representative Contract Administrator and the other party notice in writing, writing together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the Commonwealth's Representative Contract Administrator may require. The Commonwealth's Representative Contract Administrator must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant Contractor and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative Contract Administrator has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative Contract Administrator may, without being under any obligation to do so, instruct the Consultant Contractor as to the course it must adopt insofar as the Services Contractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Fee Contract Price increased by the extra costs reasonably incurred by the Consultant: Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's RepresentativeContract Administrator; subject to paragraph (f), the Contract Price will be decreased by any savings made (or which would have been made if the Contractor had taken all reasonable steps to maximise savings) by the Contractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Consultant Contractor must: comply with any direction of the Commonwealth's Representative Contract Administrator in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment PlanEvent in accordance with clause 9.2. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.198.30; and without limiting subparagraph (i), the Consultant Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph paragraph (d)(i). The Commonwealth's Representative: Contract Administrator (acting reasonably): will reduce any entitlement the Consultant Contractor would have otherwise had under subparagraph paragraph (d)(i) d)(i)B to the extent that the Consultant Contractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Contract); or minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event; will take into account, for the purposes of paragraph (d)(ii), the extent that the Contractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Contractor's entitlement under subparagraph paragraph (d)(id)(i)B or the adjustment under paragraph (d)(ii), take into account account: any breakdown of the Fee Contract Price submitted by the Consultant Contractor in its proposal tender for the ServicesContractor's Activities; and the Local Industry Capability Plan and Pandemic Management Plan as finalised under clause 9.2. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthQUALITY

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the Commonwealth's Representative Contract Administrator and the other party notice in writing, writing together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the Commonwealth's Representative Contract Administrator may require. The Commonwealth's Representative Contract Administrator must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant Contractor and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative Contract Administrator has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative Contract Administrator may, without being under any obligation to do so, instruct the Consultant Contractor as to the course it must adopt insofar as the Services Contractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: in the Delivery Phase, subject to paragraph (f), the Consultant Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Fee Delivery Phase Price increased by the extra costs reasonably incurred by the Consultant: Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's RepresentativeContract Administrator; in the Delivery Phase, subject to paragraph (f), the Delivery Phase Price will be decreased by any savings made (or which would have been made if the Contractor had taken all reasonable steps to maximise savings) by the Contractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Consultant Contractor must: comply with any direction of the Commonwealth's Representative Contract Administrator in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment PlanEvent in accordance with clause 9.2. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.198.30; and without limiting subparagraph (i), the Consultant Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph paragraph (d)(i). The Commonwealth's Representative: Contract Administrator (acting reasonably): will reduce any entitlement the Consultant Contractor would have otherwise had under subparagraph paragraph (d)(i) d)(i)B to the extent that the Consultant Contractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Contract); or minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event; will take into account, for the purposes of paragraph (d)(ii), the extent that the Contractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Contractor's entitlement under subparagraph paragraph (d)(id)(i)B or the adjustment under paragraph (d)(ii), take into account account: any breakdown of the Fee Contract Price submitted by the Consultant Contractor in its proposal tender for the ServicesContractor's Activities or in accordance with clause 2.6; and the Local Industry Capability Plan and Pandemic Management Plan as finalised under clause 9.2. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthQUALITY

Pandemic Adjustment Event. If the Consultant considers that there has been a Pandemic Adjustment Event, it must promptly give the Commonwealth's Representative Contract Administrator and the Principal notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); and such other details or information as the Commonwealth's Representative Contract Administrator may require. The Commonwealth's Representative Contract Administrator must, within 14 days of receipt of the Consultant’s notice under paragraph (a) notify the Consultant and the Commonwealth Principal of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative Contract Administrator has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative Contract Administrator may, without being under any obligation to do so, instruct the Consultant as to the course it must adopt insofar as the Services are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 7.7; and have the Fee increased by the extra costs reasonably incurred by the Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's RepresentativeContract Administrator; and the Consultant must: comply with any direction of the Commonwealth's Representative Contract Administrator in relation to the Pandemic Adjustment Event; and subject to any amendments required by the Commonwealth's RepresentativeContract Administrator, implement the Consultant’s Pandemic Adjustment Plan. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.191.14; and without limiting subparagraph (i), the Consultant will not be entitled to make (nor will the Commonwealth Principal be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c) or any amendment required by the Commonwealth's Representative Contract Administrator under subparagraph paragraph (d)(ii)B.d)(ii)B, other than under subparagraph paragraph (d)(i). The Commonwealth's RepresentativeContract Administrator: will reduce any entitlement the Consultant would have otherwise had under subparagraph paragraph (d)(i) d)(i)B to the extent that the Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Principal in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s entitlement under subparagraph paragraph (d)(i)d)(i)B, take into account any breakdown of the Fee submitted by the Consultant in its proposal tender for the Services. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthPRINCIPAL

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the CommonwealthContractor's Representative and the other party notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the CommonwealthContractor's Representative may require. The CommonwealthContractor's Representative must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant and the Commonwealth Subcontractor of its determination whether a Pandemic Adjustment Event has occurred. Where the CommonwealthContractor's Representative has determined a Pandemic Adjustment Event has occurred, the CommonwealthContractor's Representative may, without being under any obligation to do so, instruct the Consultant Subcontractor as to the course it must adopt insofar as the Services Subcontractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 9.5; and have the Fee Subcontract Price increased by the extra costs reasonably incurred by the Consultant: Subcontractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the CommonwealthContractor's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the CommonwealthContractor's Representative; subject to paragraph (f), the Subcontract Price will be decreased by any savings made (or which would have been made if the Subcontractor had taken all reasonable steps to maximise savings) by the Subcontractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contractor's Representative under paragraph (c), as determined by the Contractor's Representative; and the Consultant Subcontractor must: comply with any direction of the CommonwealthContractor's Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment Plan. Event in accordance with clause 8.7.. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.197.7; and without limiting subparagraph (i), the Consultant Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the CommonwealthContractor's Representative under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph (d)(i). The CommonwealthContractor's Representative: will reduce any entitlement the Consultant Subcontractor would have otherwise had under subparagraph (d)(i) d)(i)B to the extent that the Consultant Subcontractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Subcontract); or minimise any additional cost to the Contractor in respect of the Pandemic Adjustment Event; will take into account, for the purposes of subparagraph (d)(ii), the extent that the Subcontractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth Contractor in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Subcontractor's entitlement under subparagraph (d)(id)(i)B or the adjustment under subparagraph (d)(ii), take into account account: any breakdown of the Fee Subcontract Price submitted by the Consultant Subcontractor in its proposal tender for the Services. If Subcontractor's Activities; and the Fee is adjusted Pandemic Management Plan as finalised under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the Commonwealthclause 8.7.

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the Commonwealth's Representative PDS Contractor and the other party notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the Commonwealth's Representative PDS Contractor may require. The Commonwealth's Representative PDS Contractor must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant Contractor and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative PDS Contractor has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative PDS Contractor may, without being under any obligation to do so, instruct the Consultant Contractor as to the course it must adopt insofar as the Services Contractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 9.5; and have the Fee Contract Price increased by the extra costs reasonably incurred by the Consultant: Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative PDS Contractor under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's RepresentativePDS Contractor; subject to paragraph (f), the Contract Price will be decreased by any savings made (or which would have been made if the Contractor had taken all reasonable steps to maximise savings) by the Contractor which arise directly from the Pandemic Adjustment Event or any instruction of the PDS Contractor under paragraph (c), as determined by the PDS Contractor; and the Consultant Contractor must: comply with any direction of the Commonwealth's Representative PDS Contractor in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment PlanEvent in accordance with clause 8.7. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.197.7; and without limiting subparagraph (i), the Consultant Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the Commonwealth's Representative PDS Contractor under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph paragraph (d)(ii). The Commonwealth's RepresentativePDS Contractor: will reduce any entitlement the Consultant Contractor would have otherwise had under subparagraph (d)(i) paragraph B. to the extent that the Consultant Contractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Contract); or minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event; will take into account, for the purposes of paragraph (ii), the extent that the Contractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Contractor's entitlement under subparagraph paragraph B. or the adjustment under paragraph (d)(iii), take into account account: any breakdown of the Fee Contract Price submitted by the Consultant Contractor in its proposal tender for the ServicesContractor's Activities; and the Local Industry Capability Plan and Pandemic Management Plan as finalised under clause 8.7. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthQUALITY

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the Commonwealth's Representative Contract Administrator and the other party notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the Commonwealth's Representative Contract Administrator may require. The Commonwealth's Representative Contract Administrator must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant Contractor and the Commonwealth Principal of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative Contract Administrator has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative Contract Administrator may, without being under any obligation to do so, instruct the Consultant Contractor as to the course it must adopt insofar as the Services Contractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 9.5; and have the Fee Contract Price increased by the extra costs reasonably incurred by the Consultant: Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's RepresentativeContract Administrator; subject to paragraph (f), the Contract Price will be decreased by any savings made (or which would have been made if the Contractor had taken all reasonable steps to maximise savings) by the Contractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Consultant Contractor must: comply with any direction of the Commonwealth's Representative Contract Administrator in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment PlanEvent in accordance with clause 8.7. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.197.6; and without limiting subparagraph (i), the Consultant Contractor will not be entitled to make (nor will the Commonwealth Principal be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph paragraph (d)(i). The Commonwealth's RepresentativeContract Administrator: will reduce any entitlement the Consultant Contractor would have otherwise had under subparagraph paragraph (d)(i) d)(i)B to the extent that the Consultant Contractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Contract); or minimise any additional cost to the Principal in respect of the Pandemic Adjustment Event; will take into account, for the purposes of paragraph (d)(ii), the extent that the Contractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth Principal in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Contractor's entitlement under subparagraph paragraph (d)(id)(i)B or the adjustment under paragraph (d)(ii), take into account account: any breakdown of the Fee Contract Price submitted by the Consultant Contractor in its proposal tender for the ServicesContractor's Activities; and the Local Industry Capability Plan and Pandemic Management Plan as finalised under clause 8.7. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthQUALITY

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the Commonwealth's Representative Contract Administrator and the other party notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the Commonwealth's Representative Contract Administrator may require. The Commonwealth's Representative Contract Administrator must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant Contractor and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative Contract Administrator has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative Contract Administrator may, without being under any obligation to do so, instruct the Consultant Contractor as to the course it must adopt insofar as the Services Contractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 9.5; and have the Fee Contract Price increased by the extra costs reasonably incurred by the Consultant: Contractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's RepresentativeContract Administrator; subject to paragraph (f), the Contract Price will be decreased by any savings made (or which would have been made if the Contractor had taken all reasonable steps to maximise savings) by the Contractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contract Administrator under paragraph (c), as determined by the Contract Administrator; and the Consultant Contractor must: comply with any direction of the Commonwealth's Representative Contract Administrator in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment PlanEvent in accordance with clause 8.7. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.197.7; and without limiting subparagraph (i), the Consultant Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph paragraph (d)(ii). The Commonwealth's RepresentativeContract Administrator: will reduce any entitlement the Consultant Contractor would have otherwise had under subparagraph (d)(i) paragraph B. to the extent that the Consultant Contractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Contract); or minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event; will take into account, for the purposes of paragraph (d)(ii), the extent that the Contractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Contractor's entitlement under subparagraph paragraph B. or the adjustment under paragraph (d)(id)(ii), take into account account: any breakdown of the Fee Contract Price submitted by the Consultant Contractor in its proposal tender for the ServicesContractor's Activities; and the Local Industry Capability Plan and Pandemic Management Plan as finalised under clause 8.7. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthQUALITY

Pandemic Adjustment Event. If the Consultant either party considers that there has been a Pandemic Adjustment Event, then the party discovering it must promptly give the CommonwealthContractor's Representative and the other party notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); event and such other details or information as the CommonwealthContractor's Representative may require. The CommonwealthContractor's Representative must, within 14 days of receipt of the Consultant’s a notice under paragraph (a) ), notify the Consultant and the Commonwealth Subcontractor of its determination whether a Pandemic Adjustment Event has occurred. Where the CommonwealthContractor's Representative has determined a Pandemic Adjustment Event has occurred, the CommonwealthContractor's Representative may, without being under any obligation to do so, instruct the Consultant Subcontractor as to the course it must adopt insofar as the Services Subcontractor's Activities are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Fee Subcontract Price increased by the extra costs reasonably incurred by the Consultant: Subcontractor after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the CommonwealthContractor's Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the CommonwealthContractor's Representative; subject to paragraph (f), the Subcontract Price will be decreased by any savings made (or which would have been made if the Subcontractor had taken all reasonable steps to maximise savings) by the Subcontractor which arise directly from the Pandemic Adjustment Event or any instruction of the Contractor's Representative under paragraph (c), as determined by the Contractor's Representative; and the Consultant Subcontractor must: comply with any direction of the CommonwealthContractor's Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by update the Commonwealth's Representative, implement Pandemic Management Plan on account of the Consultant’s Pandemic Adjustment PlanEvent in accordance with clause 9.2. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.198.29; and without limiting subparagraph (i), the Consultant Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, Event or any instruction of the CommonwealthContractor's Representative under paragraph (c) or any amendment required by the Commonwealth's Representative under subparagraph (d)(ii)B.), other than under subparagraph paragraph (d)(i). The CommonwealthContractor's Representative: will reduce any entitlement the Consultant Subcontractor would have otherwise had under subparagraph (d)(i) d)(i)B to the extent that the Consultant Subcontractor has failed to take all reasonable steps to: avoid or overcome any adverse effects of the Pandemic Adjustment Event (including by implementing and complying with its Pandemic Management Plan and its other obligations under the Subcontract); or minimise any additional cost to the Contractor in respect of the Pandemic Adjustment Event; will take into account, for the purposes of paragraph (d)(ii), the extent that the Subcontractor has failed to take all reasonable steps to minimise maximise any additional cost savings to the Commonwealth Contractor in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s Subcontractor's entitlement under subparagraph paragraph (d)(id)(i)B or the adjustment under paragraph (d)(ii), take into account account: any breakdown of the Fee Subcontract Price submitted by the Consultant Subcontractor in its proposal tender for the Services. If Subcontractor's Activities; and the Fee is adjusted Pandemic Management Plan as finalised under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the Commonwealthclause 9.2.

Pandemic Adjustment Event. If the Consultant considers that there has been a Pandemic Adjustment Event, it must promptly give the Commonwealth's Contractor’s Representative notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); and such other details or information as the Commonwealth's Contractor’s Representative may require. The Commonwealth's Contractor’s Representative must, within 14 days of receipt of the Consultant’s notice under paragraph (a) notify the Consultant and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Contractor’s Representative has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Contractor’s Representative may, without being under any obligation to do so, instruct the Consultant as to the course it must adopt insofar as the Services are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 8.7; and have the Fee increased by the extra costs reasonably incurred by the Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Contractor’s Representative under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's Contractor’s Representative; and the Consultant must: comply with any direction of the Commonwealth's Contractor’s Representative in relation to the Pandemic Adjustment Event; and subject to any amendments required by the Commonwealth's Contractor’s Representative, implement the Consultant’s Pandemic Adjustment Plan. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.192.15; and without limiting subparagraph (i), the Consultant will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, any instruction of the Commonwealth's Contractor’s Representative under paragraph (c) or any amendment required by the Commonwealth's Contractor’s Representative under subparagraph paragraph (d)(ii)B.d)(ii)B, other than under subparagraph paragraph (d)(i). The Commonwealth's Contractor’s Representative: will reduce any entitlement the Consultant would have otherwise had under subparagraph paragraph (d)(i) d)(i)B to the extent that the Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth Contractor in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s entitlement under subparagraph paragraph (d)(i)d)(i)B, take into account any breakdown of the Fee submitted by the Consultant in its proposal tender for the Services. If the Fee is adjusted under subparagraph (d)(i) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role of the CommonwealthCONTRACTOR Information and Services The Contractor must as soon as practicable make available to the Consultant: all relevant information, documents and particulars relating to the MCC Works and to the Contractor's requirements for the MCC Works, including the Contractor's Program; and details of the budget for the MCC Works, as relevant to the Services.

Pandemic Adjustment Event. If the Consultant considers that there has been a Pandemic Adjustment Event, it must promptly give the Commonwealth's Representative Contract Administrator and the Commonwealth notice in writing, together with detailed particulars of the following: the relevant change in circumstances and the actual disruption which has had an adverse effect on the supply of labour, equipment, materials or services required for the carrying out of the Services caused as a direct result of the Pandemic and full details of the adverse effect; the likely duration of the Pandemic Adjustment Event; the Consultant’s plan to deal with the consequences of the Pandemic Adjustment Event which must as a minimum include details of the steps that the Consultant will take to: avoid, mitigate, resolve or to otherwise manage the relevant effect of the Pandemic Adjustment Event; and minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event, (Consultant’s Pandemic Adjustment Plan); and such other details or information as the Commonwealth's Representative Contract Administrator may require. The Commonwealth's Representative Contract Administrator must, within 14 days of receipt of the Consultant’s notice under paragraph (a) notify the Consultant and the Commonwealth of its determination whether a Pandemic Adjustment Event has occurred. Where the Commonwealth's Representative Contract Administrator has determined a Pandemic Adjustment Event has occurred, the Commonwealth's Representative Contract Administrator may, without being under any obligation to do so, instruct the Consultant as to the course it must adopt insofar as the Services are affected by the Pandemic Adjustment Event. If a Pandemic Adjustment Event occurs: subject to paragraph (f), the Consultant will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 8.7; and have the Fee increased by the extra costs reasonably incurred by the Consultant: after the giving of the notice under paragraph (a) which arise directly from the Pandemic Adjustment Event or any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c); and to the extent such costs were exclusively incurred for the purposes of performing the Services, as determined by the Commonwealth's RepresentativeContract Administrator; and the Consultant must: comply with any direction of the Commonwealth's Representative Contract Administrator in relation to the Pandemic Adjustment Event; and subject to any amendments required by the Commonwealth's RepresentativeContract Administrator, implement the Consultant’s Pandemic Adjustment Plan. To the extent permitted by law: the entitlement of the parties in respect of a Pandemic Adjustment Event will be determined solely under this clause 2.192.14; and without limiting subparagraph (i), the Consultant will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with a Pandemic Adjustment Event, any instruction of the Commonwealth's Representative Contract Administrator under paragraph (c) or any amendment required by the Commonwealth's Representative Contract Administrator under subparagraph paragraph (d)(ii)B.d)(ii)B, other than under subparagraph paragraph (d)(i). The Commonwealth's RepresentativeContract Administrator: will reduce any entitlement the Consultant would have otherwise had under subparagraph paragraph (d)(i) d)(i)B to the extent that the Consultant has failed to take all reasonable steps to minimise any additional cost to the Commonwealth in respect of the Pandemic Adjustment Event; and may, for the purposes of assessing the Consultant’s entitlement under subparagraph paragraph (d)(i)d)(i)B, take into account any breakdown of the Fee submitted by the Consultant in its proposal tender for the Services. If Role of the Fee is adjusted under subparagraph (d)(i) COMMONWEALTH Information and a Milestone Fee Payment Schedule appliesServices The Commonwealth must as soon as practicable make available to the Consultant: all relevant information, then documents and particulars relating to the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: Works and to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. Role requirements for the Works, including the Commonwealth's Program; and details of the Commonwealthbudget for the Works, as relevant to the Services.