During the Term, the State will rely on the benefit of the Fit For Purpose Warranties set out in clause 5.5 of the PV Standard Project Deeds for the Maintained Assets (see section 2.6 for further discussion) rather than the Warranted Life Warranties. Accordingly, it is not the State's intention that it will have the direct contractual benefit of the Warranted Life Warranties during the Term, other than in respect of a Returned Asset after the Returned Asset DLP.

At Handover, Project Co must procure that the Warranted Life Warranties are assigned or novated to the State free from any Encumbrance.

The definition of Handover Condition also requires Warranted Assets to be Fit for Purpose for the period of their Warranted Life occurring after the Date of Returned Works Acceptance or Expiry Date (as the case may be). This means that at the Date of Returned Works Acceptance or Expiry Date (as the case may be), the Warranted Assets should be in a condition they would be expected to be in to meet their Warranted Life or that the State is compensated where this is not the case (see section 2.53.6 for more detail on the Handover regime).