Notwithstanding any provisions of this Agreement to the contrary, the parties agree that the provisions of Articles 15, 16, 17 and 18 involve government policy and that it is inappropriate to empower an Arbitrator to order implementation or to inhibit government from changing its policy; and further that it is in reliance upon the timely implementation of the provisions of these Articles that the parties are entering into this Agreement and referring same for ratification pursuant to the provisions of Article 2.3.
THEREFORE IT IS AGREED that in the event that any provisions of Articles 15, 16, 17 and 18, or any of them, are not implemented, or only implemented in part, or if implemented are altered at some time in the future, or where a dispute arises concerning the implementation or the timeliness thereof, then the Arbitrator is given authority to fix damages.
It is acknowledged that the policies set forth in Articles 15, 16, 17 and 18 have implications that require clarification to ensure greater certainty. Accordingly, the Arbitrator may award damages provided for in this Article only to the extent that the full and timely implementation of any policy contemplated by the above mentioned Articles constitutes compensation (be it monetary compensation, mitigatory measure or remedial measure) in whole or in part, of any kind, to any person, arising directly or indirectly out of, or attributable to, the Project; furthermore, if a claim or matter in dispute arises by virtue of any subsequent change in such policy,
in whole or in part, then the quantum of damages awarded shall be based on the diminution in compensation, if any, arising out of such a change.
Northern Flood Agreement
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