47.7  State election

(a)  (Adjustment): Notwithstanding the terms of this clause 47, the State Representative may, by giving notice to Project Co:

(i)  adjust any Condition Review Date to an alternative date which may not be earlier than 24 Months before the Expiry Date;

(ii)  relieve Project Co from, or defer, any obligation to carry out any of the Final Refurbishment Works in any Operating Year; or

(iii)  acting reasonably, increase the number of times and frequency with which the Handover Reviewer must inspect and assess the condition of the Project Assets, assess any Final Refurbishment Works or prepare any update of the Outstanding Matters Report in accordance with clause 47.6(c) or clause 47.6(d).

(b)  (Effect of adjustment): If the State Representative relieves Project Co from its obligations to carry out any of the Final Refurbishment Works under clause 47.7(a)(ii):

(i)  any relevant parts of this Deed and the relevant Operational Phase Plans will be varied to the extent agreed by the parties; and

(ii)  any subsequent Service Payment will be reduced by the cost of carrying out the relevant Final Refurbishment Works as agreed by the parties,

or, if not agreed within 5 Business Days after the date on which the State Representative gives the relevant notice under clause 47.7(a)(ii), as determined by the Handover Reviewer.