(a) (Conditions precedent): Subject to clause 26.10, it is a condition precedent to Project Co's entitlement to an extension of time that:
(i) (submission of Change Notice): Project Co complies with clause 26.7;
(ii) (effect of delay): Project Co can demonstrate that:
A. it has been or will be delayed from carrying out the Development Activities by the relevant Extension Event in a manner which will delay the achievement of Acceptance; and
B. the relevant Extension Event has caused or will cause activities on the critical path contained in the then current Development Phase Program to be delayed; and
(iii) (updated program): subject to clauses 26.8(c) to 26.8(f), Project Co, at the time it submits the relevant Change Notice referred to in clause 26.7 and section 9.1(e) of the Change Compensation Principles, submits an updated Development Phase Program to the State and the Independent Reviewer which:
A. complies with all the relevant requirements of this Deed;
B. takes into account the impact of the relevant Extension Event; and
C. contains a level of detail which is sufficient to enable the Independent Reviewer to determine Project Co's entitlement to an extension of time.
(b) (Independent Reviewer determines): The Independent Reviewer will determine whether or not the requirements of this clause 26.8 have been satisfied.
(c) (Determination of non-compliance): If the Independent Reviewer determines that the updated Development Phase Program submitted in accordance with clause 26.8(a)(iii) does not comply with the requirements in clause 26.8(a)(iii), it must notify Project Co of that determination together with detailed reasons of the non-compliance, within 5 Business Days after receipt of the relevant Change Notice in accordance with clause 26.7.
(d) (Updated Development Phase Program): Project Co may submit an updated Development Phase Program, within 10 Business Days after the notification from the Independent Reviewer under clause 26.8(c).
(e) (Failure to submit): If Project Co does not submit an updated Development Phase Program in accordance with clause 26.8(d), Project Co will be deemed not to have met the requirements set out in clause 26.8(a)(iii).
(f) (Determination by Independent Reviewer): If the Independent Reviewer determines that the updated Development Phase Program submitted by Project Co:
(i) addresses the non-compliances previously notified by the Independent Reviewer to Project Co in accordance with clause 26.8(c), Project Co will be deemed to have met the requirements in clause 26.8(a)(iii); or
(ii) does not address the non-compliances previously notified by the Independent Reviewer to Project Co under clause 26.8(c), Project Co will be deemed not to have met the requirements in clause 26.8(a)(iii).
(g) (Only one update): Project Co acknowledges and agrees that it will have only one opportunity to update the Development Phase Program in accordance with clause 26.8(d) for each Extension Event.