2.43.2.5  Entitlement to payment for preparation of Modification Proposal

If the State has requested that Project Co provide a Modification Proposal in respect of a State Initiated Modification, Project Co will be entitled to claim and be paid the third party consultant fees properly and reasonably incurred by it or a Key Subcontractor in preparing the Modification Proposal up to a capped amount as agreed or determined in accordance with clause 35.3 of the PV Standard Project Deed. 

If, following receipt of a Modification Proposal, the State decides: 

•  to proceed with the State Initiated Modification, the State will pay Project Co such third party consultant fees as part of the amount paid by the State to Project Co in connection with the Modification; or 

•  not to proceed with the State Initiated Modification, the State will pay Project Co such third party consultant fees,

as calculated in accordance with the Change Compensation Principles.