(1) If the failure of a Utility to notify the Freeway Corporation of Utility infrastructure caused the Freeway Corporation to incur costs as a result of a delay in carrying out Project construction work, the Utility is liable to pay those costs to the Freeway Corporation.
(2) A Utility is liable for costs under this section on the basis that the Freeway Corporation makes all reasonable efforts to mitigate its loss.
(3) If the Freeway Corporation does not make all reasonable efforts to mitigate its loss, the Utility is only liable for the costs that would have been incurred if the Freeway Corporation had made all reasonable efforts to mitigate its loss.