12.1  General

A Change Notice prepared by Project Co in respect of a Change Notice Event must:

(a)  (contents): contain:

(i)  the information, to the extent that it is relevant to the relevant Change Notice Event, required by this Schedule and Annexure A;

(ii)  without limiting section 12.1(a)(iii), evidence demonstrating the satisfaction of any conditions precedent to Project Co's entitlement in respect of the relevant Change Notice Event as required by this Deed; and

(iii)  any additional information required under this Deed in respect of a particular Change Notice Event or required by the Change Notice Recipient (acting reasonably);

(b)  (warranty): where submitted by the Project Co Representative be warranted by the Project Co Representative as being true and correct to the best of his or her knowledge and belief;

(c)  (signed): be signed by the Project Co Representative or State Representative (as the case may be);

(d)  (attachments): attach copies of any required changes to the Project Plans, the Development Phase Program, the Development Phase Reports or the Operational Phase Reports (as applicable);

(e)  (extension of time): in respect of any Change Notice Event which causes delay include:

(i)  details of:

A.  the delay;

B.  any extension of time extension requested;

C.  how the relevant Change Notice Event:

1)  has delayed or will delay the achievement of Acceptance; and

2)  has caused or will cause activities on the critical path contained in the then current Development Phase Program to be delayed; and

(ii)  without limiting clause 26.8(a)(iii) or clause 35.8(c)(iv), an updated Development Phase Program which:

A.  complies with all the relevant requirements of this Deed;

B.  clearly identifies the impact of the relevant Change Notice Event; and

C.  contains a level of detail which is sufficient to enable the State to agree or the Independent Reviewer to determine Project Co's entitlement to an extension of time (where applicable); and

(f)  (Modification): where the State has asked Project Co to fund a State Initiated Modification in accordance with section 8(b):

(i)  subject to section 12.1(f)(ii), include details of the basis on which Project Co would be prepared to fund or to procure the funding of the whole or part of the Modification and the cost differences between the State and Project Co funding the Modification; and

(ii)  if Project Co is unable to provide such funding, insert evidence that Project Co has used all reasonable endeavours to obtain such funding including in accordance with section 8(c).