Project Co may claim an extension of time to a Date for Acceptance in connection with a State Initiated Modification. If the conditions precedent to Project Co's entitlement to an extension of time under clause 35.8(c) are satisfied, the extension of time to the relevant Date for Acceptance will be as agreed by the State and Project Co as part of the Modification process and failing such agreement:

• as determined by the Independent Reviewer; or

• as determined by the State (acting reasonably) and subject to review by the Independent Reviewer where it issues a Modification Order without receiving a Modification Proposal.

The concurrent delay principle set out in clause 26.14(a) applies to State Initiated Modifications on the basis that, prior to the PV Standard Project Deeds, these were Extension Events to which the concurrent delay provisions in clause 26.14 would have applied and because the approach to risk sharing for Concurrent Delay set out in section 2.26.10 above reflects a fair and common sense approach to causation. See section 2.26.10 above.

A Modification will not entitle Project Co to claim relief under the Intervening Event regime as the State requires Project Co to continue to undertake the Services in accordance with the Project Deed. However, as part of the Modification process, the State may agree that Project Co is relieved from certain obligations and this will be addressed as part of the Modification Proposal and Modification Order.