At any time if Project Co considers that an approval, consent, direction, requirement, determination, request, claim, notice, agreement, demand or the like (a direction) by the State constitutes or involves a Modification, it may give notice to the State to such effect and the State must respond to such notice and either:
• confirm that the direction by the State is in fact a Modification and issue a Modification Order;
• withdraw the direction by the State; or
• inform Project Co that it does not consider the direction by the State to be a Modification.