2.26.9  Share of Prolongation Costs (clause 26.13)

If Project Co:

•  achieves Commercial Acceptance earlier than the Date for Commercial Acceptance but after the Original Date for Commercial Acceptance; and

•  has been compensated or is entitled to compensation in accordance with the Change Compensation Principles for a Compensable Extension Event for the period until the Date for Commercial Acceptance,

Project Co must pay the State, within 20 Business Days of the Date of Commercial Acceptance, a share (as agreed between Project Co and the State, or failing agreement, 50 per cent) of the Prolongation Costs paid or payable to Project Co for the period between the Date of Commercial Acceptance and the Date for Commercial Acceptance.