(b) (Project Co Selected Items): If, during the Development Phase, at the point in time when a proposed Maintained Asset is being selected by Project Co, the State, (acting reasonably), considers a proposed Maintained Asset selected by Project Co (Project Co Selected Item), may not comply with the requirements of clause 20.5(a), the State may request Project Co to:

(i) submit evidence of the basis on which it considers the Project Co Selected Item complies with the requirements of clause 20.5(a); and

(ii) without limiting clause 20.5(b)(i), provide details of the Whole of Life Costs of the Project Co Selected Item relative to an alternative Maintained Asset proposed by the State.

(c) (State right to direct Project Co): If Project Co is unable to demonstrate to the satisfaction of the State (acting reasonably) that the Project Co Selected Item complies with the requirements of clause 20.5(a), the State may direct Project Co to purchase an alternative proposed Maintained Asset (State Selected Item).

(d) (Project Co response to State direction): Project Co must procure the State Selected Item in accordance with clause 20.5(c), unless, within 10 Business Days of receipt of the direction from the State, it can demonstrate to the reasonable satisfaction of the State that the State Selected Item will:

(i) not enable Project Co to satisfy the FFP Warranty;

(ii) cause a delay to Technical Acceptance or Commercial Acceptance (unless it is agreed in writing by the State Representative that the State Selected Item (and any necessary associated works) will be a Technical Acceptance Outstanding Item or Remaining Works (as applicable)) in circumstances where, but for the requirement to procure the State Selected Item, such a delay would not occur; or

(iii) cause Project Co to breach the requirements of the PSDR.

(e) (Project Co right to procure Project Co Selected Item): If Project Co is able to demonstrate, to the reasonable satisfaction of the State, that a circumstance contemplated by clauses 20.5(d)(i), 20.5(d)(ii) or 20.5(d)(iii) exists, Project Co may procure the relevant Project Co Selected Item.

(f) (Disputes): Any Dispute between the parties in respect of this clause 20.5 may be referred by either party to an expert for determination in accordance with clause 48.1.

(g) (Not Modifications): Any change in the selection of a Project Co Selected Item pursuant to this clause 20.5 is not a Modification or a Minor Modification or an Equipment Modification and Project Co is not entitled to make any Claim in connection with a direction to procure a State Selected Item in accordance with this clause 20.5.