19.3  Operator and Functions

(a)  Project Co acknowledges that:

(i)  the Maintained Assets during the Operational Phase will be used as a [insert - e.g. hospital/ education facility/ prison etc.] by the Operator and its Associates and the Users;

(ii)  the Operator, its Associates and the Users will be carrying out the Functions at the Operational Phase Area during the Operational Phase; and

(iii)  except as expressly provided to the contrary in this Deed, the use and occupation of the Maintained Assets by the State, the State Associates, the Operator or its Associates or the Users and the carrying out of the Functions will not limit or affect Project Co's obligations to provide the Services in accordance with and to the standards specified in this Deed.

(b)  (Coordination with the Functions): Project Co:

(i)  warrants that it has made full allowance in its Service Payment to ensure the coordination of the provision of the Services with:

A.  the possession, occupation and use of the Maintained Assets by the State, the State Associates, the Operator or its Associates and the Users as contemplated by this Deed; and

B.  the carrying out of the Functions;

(ii)  must:

A.  perform the Services in accordance with the requirements specified in the Service Requirements so as to co-ordinate with and minimise disruption to the normal functioning of the Maintained Assets and the undertaking of the Functions; and

B.  take any steps which are necessary or otherwise reasonably required by the State or the Operator to minimise disruption or inconvenience to the State, the State Associates, the Operator its Associates or the Users and to the Functions; and

(iii)  will not, unless otherwise expressly permitted in this Deed:

A.  be relieved of its obligations under this Deed, including to perform the Services in accordance with the requirements specified in the Service Requirements; or

B.  be entitled to make any Claim against the State in connection with any fact, matter or thing arising out of or in connection with the possession, occupation and use of the Maintained Assets by the State, the State Associates, the Operator its Associates or the Users or the carrying out of the Functions as contemplated by this Deed.