180Liability for costs of disruption of infrastructure services

180 Liability for costs of disruption of infrastructure services (1) The Freeway Corporation is liable for the costs incurred by a Utility as a direct result of any disruption of the infrastructure services provided by the Utility caused by the carrying out of Project construction work. (2) For the purposes of subsection (1), the costs may include any of the following— (a) an amount imposed on the Utility under a contract for failing to provide the infrastructure service; (b) liquidated damages for breach of a contract with a third party; (c) loss of revenue. (3) Except as provided in subsection (2)(b), the Freeway Corporation is not liable under subsection (1) for loss or damage arising from breach of contract with a third party. (4) The Freeway Corporation is liable for costs under this section on the basis that the Utility makes all reasonable efforts to mitigate its loss. (5) If the Utility does not make all reasonable efforts to mitigate its loss, the Freeway Corporation is only liable for the costs that would have been incurred if the Utility had made all reasonable efforts to mitigate its loss.