[Note: If no Transferred Equipment is contemplated, clause to be [Not Used].]
(a) (Identification of Transferred Equipment): No later than [##] months prior to the Date for Commercial Acceptance, the State must:
(i) notify Project Co of any Equipment, whether or not it is in the Equipment List, that the State or the Operator requires to be transferred from its existing location to the Development Phase Area; and
(ii) remove any items identified in the Equipment List referred to as Transferred Equipment that the Operator or the State no longer wants to relocate as Transferred Equipment.
(b) (Relocation of Transferred Equipment):
(i) Subject to clause 21.6(b)(ii), Project Co must transfer all items of the Transferred Equipment from their existing locations to the relevant parts of the Development Phase Area as late as reasonably possible during the Commissioning Period as part of the Commissioning Requirements.
(ii) If an item of Transferred Equipment is not required by the State or a State Associate to be relocated to the Project Area until after the Operational Commencement Date, the State may notify Project Co in writing that the transfer, installation or placement (as the case may be), commissioning and testing of those items of Transferred Equipment in accordance with the requirements set out in this clause 21.6 will constitute Remaining Works and Project Co must update the Remaining Works Schedule to include such Remaining Works and provide it to the State and the Independent Reviewer for review in accordance with the Review Procedures.
(c) (Nature of relocation): The relocation of any items of Transferred Equipment must be undertaken:
(i) in consultation with the State, the Operator and to the satisfaction of the Independent Reviewer;
(ii) so as to minimise disruption to:
A. the operations at the location where the item of Transferred Equipment is being transferred from; and
B. the Functions (if commissioning and testing of an item of Transferred Equipment constitutes Remaining Works in accordance with clause 21.6(b)(ii).
(d) (Project Co obligations): Project Co must:
(i) de-commission, disconnect or transfer all items of Transferred Equipment from their existing locations; and
(ii) subject to clause 21.2, install or place (as the case may be), commission and successfully complete all of the relevant tests required to determine Acceptance in respect of all items of Transferred Equipment.
(e) (Condition of Transferred Equipment):
(i) Prior to the transfer of any items of Transferred Equipment, the State and Project Co must consult one another to assess the condition of each item of Transferred Equipment identified in the Equipment List as against the Anticipated Transfer Condition.
(ii) If Project Co reasonably considers that an item of Transferred Equipment is not in the Anticipated Transfer Condition, Project Co must give written notice to the State to this effect as soon as possible after any consultation under clause 21.6(e)(i) and otherwise within 5 Business Days of such consultation.
(iii) Following receipt of a written notification from Project Co under clause 21.6(e)(ii), the State must direct Project Co as to whether or not the relevant item of Transferred Equipment must be transferred to the Project Area.
(f) (Application of provisions to Transferred Equipment): The parties acknowledge and agree that, except for clauses 21.2(f), 21.2(h) and 21.2(i), clauses 21.2, 21.3, 21.4 and 21.5 do not apply to items of Transferred Equipment.