(a) (Fit For Purpose): Nothing in this clause 29.2 affects Project Co's obligations to maintain the Maintained Assets so that they satisfy the FFP Warranty.
(b) (Project Co overarching obligations): Project Co must maintain, replace and repair all items of Included Equipment until the Expiry Date in accordance with the Asset Management Plan, the PSDR and otherwise in accordance with this Deed.
(c) (Standard of replacement items): Subject to clause 29.2(d), where Project Co is required to replace an item of Included Equipment, it must comply with the process for selection and purchase set out in clause 21, and otherwise do so using equipment that:
(i) has the same or a better standard relative to the market for that equipment at the time of replacement, as the item being replaced had relative to the market at the time that it was purchased;
(ii) has the same or higher levels of quality and is as technically up to date as that which would be used in accordance with Best Operational Practices;
(iii) has a design life equal to or greater than the item of Included Equipment being replaced;
(iv) does not materially increase operating or maintenance costs to the State or the Operator, the cost of any Reviewable Services or any other costs payable by the State (where alternative equipment on comparable terms is readily available and would not have such an effect); and
(v) subject to clauses 29.2(c)(i) to 29.2(c)(iv), otherwise complies with the Delivery Requirements.
(d) (New items of Included Equipment): If at the time of replacement of an item of Included Equipment, the proposed Included Equipment that best meets the requirements of clause 29.2(a) has, subject to clause 29.2(e), a Whole of Life Cost which is more than 110% of the Original Whole of Life Cost (CPI Indexed) of the item it is replacing (the Excess Whole of Life Cost), then:
(i) Project Co must provide to the State:
A. the details of the proposed replacement Included Equipment referred to in clause 29.2(d), including how it meets the requirements in clause 29.2(a) and the Whole of Life Cost of the Equipment broken down into capital and operating costs; and
B. the details of at least two other options for the replacement of that Included Equipment, which are the closest in the market to meeting the requirements set out in clause 29.2(a), including details of where it does and does not meet the requirements of clause 29.2(a) and the Whole of Life Cost of the Equipment broken down into capital and operating costs; and
(ii) the State must, within 20 Business Days of being provided with the information referred to in clause 29.2(d)(i), notify Project Co:
A. to procure either of the options referred to in clause 29.2(d)(i)B, in which case Project Co must comply with any such direction; or
B. to procure the proposed Included Equipment referred to in clause 29.2(d)(i)A, in which case, Project Co must comply with any such direction and will be entitled to claim compensation for the Excess Whole of Life Cost as an Equipment Modification as set out in Item 17 of Table 1 of the Change Compensation Principles, which will be calculated and determined calculated and determined in accordance with of the Change Compensation Principles.
(e) (Adjustment to Original Whole of Life Costs for Included Equipment): If, in respect of any item of Included Equipment, the State can demonstrate that, for the purposes of this clause 29.2 the Original Whole of Life Cost should not be used as it does not accurately reflect the Whole of Life Cost of that Included Equipment at the time that it was purchase by Project Co, the applicable Original Whole of Life Cost for that item of Included Equipment must be an amount reasonably evidenced by the State and agreed by the parties, or failing agreement, either party may refer the matter to expert determination in accordance with clause 48.1.
(f) (Excludes Operating Costs): The terms "Whole of Life Costs", "Original Whole of Life Cost" and "Excess Whole of Life Cost" where they are used in clause 29.2 only:
(i) exclude any costs incurred by the Operator (or any other State Associate that uses or operates the Included Equipment) in using or Operating the Included Equipment; and
(ii) are limited to the costs to be incurred during that part of the Term remaining at the time of the replacement of the Maintained Assets.