(a) (Right of entry): Subject to clause 15.1(b), Project Co must permit the State, any State Associate, the Independent Reviewer and any other person directly authorised by the State to do so to enter any part of the Site to:
(i) inspect, observe or test any part of the Project Assets or the Project Activities;
(ii) conduct any State Audit in accordance with clause 15.3 or Asset Condition Survey in accordance with clause 15.4;
(iii) exercise any right (including any step-in right), power or function or carry out any obligation which the State has under any State Project Document or Law;
(iv) observe any Acceptance tests;
(v) examine and make copies of all Project Co Material in connection with the Project; or
(vi) take such other action as the State considers necessary to discharge its legal, executive or statutory rights, duties or functions.
(b) (Interface Parties access): Without limiting its obligations under any Direct Interface Deed, Project Co must permit any Interface Party to enter any part of the Site to carry out the relevant Interface Works.
(c) (Conditions of access during the Development Phase): When entering the Site controlled by Project Co (or any Project Co Associate) during the Development Phase, the State must, and must ensure any State Associate and any other person authorised to enter the Site by the State and any Interface Party undertaking Proximate Interface Works or Site Interface Works:
(i) only does so during Business Hours or upon giving reasonable notice to Project Co (except in the case of an Emergency that occurs on or in respect of the Project Area when no notice is required);
(ii) complies with the Site Access and Interface Protocols;
(iii) does not unnecessarily or unreasonably interfere with the carrying out of the Project Activities; and
(iv) does not damage the Project Assets or the Site.
(d) (State occupation of Operational Phase Area): At all times during the Operational Phase, the State, the State Associates and any person authorised by the State:
(i) will have full occupation of, and unfettered access to the Operational Phase Area (other than the Project Co Areas) and the Maintained Assets;
(ii) will have free and unfettered access to the Project Co Areas to:
A. inspect, observe or test any part of the Project Assets or the Project Activities;
B. conduct any State Audit in accordance with clause 15.3 or Asset Condition Survey in accordance with clause 15.4;
C. exercise any right (including any step-in right), power or function or carry out any obligation which the State has under any State Project Document or Law; and
D. observe any Final Acceptance tests; and
(iii) will have free and unfettered access to Project Co's officers to discuss Project Co's activities or those of any Subcontractor relating to the Services, at such times and as often as may be reasonably requested by any such person, provided that the discussions:
A. may be supervised by Project Co if required; and
B. do not unreasonably disrupt the duties of the relevant officer.
(e) (Project Co to assist): If requested by the State, Project Co must assist the State in connection with any access, observation, inspection or testing including:
(i) providing access to such part of the Project Assets and all Project Co Material as may be required by the State;
(ii) preparing and providing such samples of materials used in connection with the Project Assets as required by the State; and
(iii) if requested by the State, carrying out any tests (including tests reasonably required by the State that are not otherwise required by this Deed) and providing the results of those tests to the State.
(f) (Project Assets not to be covered up):
(i) The State may direct that any part of the Project Assets must not be covered up or made inaccessible without the State's approval, which will not be unreasonably withheld or delayed.
(ii) If a direction has been given under clause 15.1(f)(i) and a part of the Project Assets has been covered up or made inaccessible without the State's approval and the State wishes to inspect or test that part of the Project Assets, Project Co must uncover or make accessible such part of the Project Assets.
(g) (Costs of inspection or testing): Subject to clause 15.3(g):
(i) the State will bear the costs incurred by it; and
(ii) Project Co will be entitled to claim (by way of Change Notice) compensation as set out in Item 1 of Table 1 of the Change Compensation Principles, which will be calculated and determined in accordance with the Change Compensation Principles, if Project Co or any Project Co Associate incurs additional costs,
due to any inspection or test of the Project Assets or the Project Activities undertaken by the State, unless the inspection or test:
(iii) is in connection with Project Assets covered up or made inaccessible without the State's approval if such approval was required;
(iv) reveals a Defect or shows that the Project Activities are not in accordance with the requirements of this Deed; or
(v) was otherwise required by this Deed to be carried out by Project Co or should have been carried out by Project Co in accordance with Best Industry Practices, and Project Co did not do so,
in which case, Project Co will not be entitled to make any Claim against the State in connection with any such inspection or test undertaken by the State and must pay all reasonable costs incurred by the State in connection with the inspection or test, which will be a debt due and payable by Project Co to the State.