47.8  Implementing Final Refurbishment Works

(a)  (Implement program): Project Co must:

(i)  within 1 Month after the provision by the Handover Reviewer of each Outstanding Matters Report:

A.  amend the relevant Operational Phase Plans to include details of the Final Refurbishment Works that Project Co is required to carry out in accordance with the then current Outstanding Matters Report (or as otherwise agreed or determined in accordance with clause 47.6(e)); and

B.  submit the updated Operational Phase Plans to the State Representative and the Handover Reviewer for review in accordance with the Review Procedures; and

(ii)  carry out and complete the Final Refurbishment Works in accordance with the updated Operational Phase Plans.

(b)  (State right to complete): Upon or prior to the Expiry Date, the State may, in addition to any other remedies under this Deed or at Law, exercise its rights of step in under clause 38.2 to carry out and complete (or engage others to carry out and complete) any Final Refurbishment Works which:

(i)  have not been completed by Project Co in accordance with this clause 47 and all costs incurred by the State in doing so will be a debt due and payable by Project Co to the State; or

(ii)  the State has relieved Project Co from carrying out in accordance with clause 47.7(a)(ii).