(a) (Call on D&C Contractor Construction Bond): Without limiting the State's rights under this Deed or at Law, the State may require Project Co to call on any Performance Bond provided by the D&C Contractor in favour of Project Co, (D&C Contractor Construction Bond) that Project Co holds, or is held on Project Co's behalf, to satisfy any debt due and payable by Project Co to the State if Project Co has the right to call on the D&C Contractor Construction Bond under the D&C Contract and the relevant debt due and payable by Project Co to the State has not been paid within 10 Business Days after receipt of a demand for payment.
(b) (Amount of call): The amount the State may require Project Co to call under the D&C Contractor Construction Bond will, in aggregate, be limited to an amount no greater than:
(i) (prior to Commercial Acceptance): prior to the Date of Commercial Acceptance, the D&C Contractor Construction Bond Amount, or if the amount the subject of the D&C Contractor Construction Bond at that time is less than the D&C Contractor Construction Bond Amount, that lesser amount; or
(ii) (during defects liability period): for the period commencing on the Date of Commercial Acceptance and expiring on the later of the date [24] Months after the Date of Commercial Acceptance and the expiration of the last defects liability period under the D&C Contract, the D&C Contractor DLP Bond Amount, or if the amount the subject of the D&C Contractor Construction Bond at that time is less the D&C Contractor DLP Bond Amount, that lesser amount,
and such amount will be a debt due and payable by Project Co to the State.
[Note: For fully outsourced projects, include an ability for the State to call on the Services Contractor bond in the same way.]