9.5  Payment of amounts owed to Subcontractors

(a)  (Payment to Key Subcontractors and Significant Subcontractors): Project Co must ensure that:

(i)  all Key Subcontractors and Significant Subcontractors are paid in accordance with the terms of their Subcontracts; and

(ii)  each Key Subcontract and Significant Subcontract contains an equivalent provision to clause 9.5(a)(i) in relation to that Subcontract and Subcontractor.

(b)  (Payment to other Subcontractors): Project Co must use reasonable endeavours to ensure that all other Subcontractors not referred to in clause 9.5(a) are paid in accordance with the terms of their Subcontracts.

(c)  (Copies of notices under Security of Payment Act): Project Co must ensure that, within:

(i)  2 Business Days after any notice under the Security of Payment Act (excluding any "payment claim" or "payment schedule" as those terms are defined under the Security of Payment Act) is given to or received by Project Co from any Subcontractor; or

(ii)  2 Business Days after notice of a Subcontractor's intention to suspend work under a Subcontract in accordance with the Security of Payment Act is given to, or received by, Project Co from any of its Subcontractors,

a copy of that notice is given to the State.

(d)  (Suspension under Security of Payment Act): If a Subcontractor has become entitled to suspend work under a Subcontract in accordance with the Security of Payment Act because of a failure by Project Co or any Project Co Associate to pay amounts to the Subcontractor, the State may pay to the Subcontractor the amount owing to the Subcontractor in connection with that work, and any amount so paid by the State, will be a debt due and payable by Project Co to the State.

(e)  (State may pay Subcontractors): Notwithstanding clause 9.5(d), if any amount is:

(i)  certified as payable; or

(ii)  otherwise due and payable,

to a Subcontractor under a Subcontract, and Project Co or any Project Co Associate does not satisfy its obligations to pay such amount to that Subcontractor in accordance with that Subcontract, then the State may pay such amount to that Subcontractor provided it has given Project Co 10 Business Days' notice of its intention to do so, and any amount so paid by the State will be a debt due and payable by Project Co to the State.