(a) (Consultation process): Unless the State agrees otherwise, Project Co must consult with the State and the Operator (each of whom must facilitate the participation of other relevant State Associates or Users as necessary):
(i) generally in connection with the selection of all items (or group of items) of Equipment;
(ii) prior to the submission of an Equipment Selection Notice and the purchase of any item of Group 1 Equipment or Group 2 Equipment; and
(iii) otherwise in accordance with the requirements set out in this clause 21.
(b) (Timing of consultation process): Project Co must allow a reasonable period of time to conduct the consultation process which should occur in sufficient time to enable Project Co to achieve Acceptance by the Date for Acceptance.
(c) (State obligation): The State must co-ordinate and co-operate with any reasonable requirements notified by Project Co which are necessary for Project Co to perform its obligations in accordance with this clause 21.
(d) (Delay purchase): Subject to clauses 21.2(c) and 21.2(e), Project Co must:
(i) delay the selection and purchase of all items of Group 2 Equipment and Group 3 Equipment to a time as late as reasonably possible in the Development Phase;
(ii) without limiting clause 21.2(d)(i), not select or purchase an item of Group 2 Equipment or Group 3 Equipment earlier than [18] Months prior to the relevant Date for Acceptance to ensure, among other things, that, so far as possible, the State has the benefit of Project Co purchasing the most technically up to date Equipment; and [Note: Timing to be considered on a project specific basis based on the program. The selected timeframe will also need to be reflected in clause 21.2(e)(i).]
(iii) update the then current Development Phase Program (including the Equipment Procurement and Installation Sub-Program) as necessary to identify the proposed dates for the selection and purchase of all items of Group 2 Equipment and Group 3 Equipment in accordance with the requirements of this clause 21.2.
(e) (Early purchase/ agreement on specifications):
(i) At any time during the Development Phase, Project Co (acting reasonably) may advise the State that it is necessary to agree on certain specifications in respect of, or to purchase, an item of Group 2 Equipment or Group 3 Equipment earlier than [18] Months prior to the relevant Date for Acceptance to achieve Acceptance by the relevant Date for Acceptance.
(ii) It will be reasonable for Project Co to advise the State in accordance with clause 21.2(e)(i) that early agreement on specifications is necessary where those specifications will impact on elements of the design or construction of the Maintained Assets that must be determined or undertaken prior to the timing required by clause 21.2(d).
(iii) The State may request Project Co to submit to the State for review in accordance with the Review Procedures evidence of the basis on which Project Co has formed the view regarding the necessity for early agreement on specifications, or purchase, of an item of Group 2 Equipment or Group 3 Equipment.
(iv) If the State agrees that early agreement on specifications is necessary:
A. the State must advise Project Co of those specifications in a timeframe that is consistent with the then current Master Works Program;
B. Project Co must perform its obligations under this Deed on the basis of those specifications; and
C. any later change by the State from those specifications which are required to accommodate the item of Equipment which is ultimately purchased by Project Co in accordance with this clause 21 will constitute a Modification and the State will be deemed to have issued to a Modification Request under clause 35.1(a) with a request to prepare a Change Notice.
(v) Provided Project Co complies with the requirements set out in clauses 21.3 and 21.4, if the State agrees with Project Co regarding the necessity for the early purchase of an item of Equipment, Project Co may purchase the item of Equipment prior to the timing required by clause 21.2(d).
(vi) If the parties fail to agree on the necessity for early agreement on specifications or purchase of an item of Equipment, either party may refer the matter to expert determination in accordance with clause 48.1.
(vii) Project Co must use reasonable endeavours to minimise the costs associated with potential Modifications arising under clause 21.2(e)(iv)C including by building no more than the minimum that is required (to avoid delay) prior to the final selection of the relevant item of Equipment.
(viii) The State may direct Project Co to purchase an item of Group 3 Equipment earlier than [18] months prior to the relevant Date for Acceptance notwithstanding the State has not received a request to do so from Project Co under clause 21.2(e)(i).
(f) (Installation): Subject to clause 21.6(e), Project Co must connect, install or locate (as applicable depending on whether the item of Equipment is loose or fixed) all items of Equipment in the Maintained Assets:
(i) to the satisfaction of the Independent Reviewer; and
(ii) in the locations designated in the Construction Documentation or, if not designated in the Construction Documentation, as otherwise required by the Operator.
(g) (Equipment location): If an item of Equipment will be located in a specific location within the Operational Phase Area and Project Co is notified of this prior to submitting the relevant Equipment Selection Notice, Project Co must provide written confirmation as part of its Equipment Selection Notice:
(i) that the item may be accommodated in that specific location within the Operational Phase Area;
(ii) that the item and its location do not present any consequential design issues (including with respect to aesthetics or interior design issues) or issues with respect to functionality or access for ongoing replacement or maintenance during the Operational Phase; and
(iii) that the item and its location will not adversely impact on Project Co's ability to deliver the Maintained Assets which satisfy the FFP Warranty.
(h) (Commissioning and testing): Subject to clause 21.2(a)(i), Project Co must:
(i) commission or procure the commissioning of all of the items of Equipment located in the Operational Phase Area; and
(ii) successfully complete all of the relevant tests required to determine Acceptance in respect of all of the items of Equipment located in the Operational Phase Area Assets.
(i) (Transferred Equipment): Where the item of Equipment is Transferred Equipment in respect of which Project Co has provided written notification to the State in accordance with clause 21.6(e)(ii), the State acknowledges and agrees that Project Co is only obliged to use reasonable endeavours to comply with its obligations under clause 21.3(b), in accordance with this Deed.