(a) (Licence for Development Activities): Subject to Project Co having submitted reviewed and amended the WHS Management Plan in accordance with clause 17.1 and the Review Procedures, the State must grant, or procure the grant of, a non-exclusive licence to Project Co to use and occupy, and permit the Subcontractors to use and occupy, the Development Phase Area:
(i) for the purpose of performing the Development Activities;
(ii) until the Date of Commercial Acceptance; and
(iii) in accordance with the requirements of this Deed and the Site Access and Tenure Schedule,
(b) (Terms of Development Phase Licence): The Development Phase Licence granted or procured in accordance with clause 20.1(a) must be:
(i) for a term which commences on Financial Close and ends on the Date of Commercial Acceptance;
(ii) subject to clause 20.1(b)(iii), on the same terms and conditions as the relevant Development Phase Licence set out in the Site Access and Tenure Schedule;
(iii) on such other terms imposed by the State (acting reasonably) having regard to the nature, location, hours and mode of construction of the Works for which the Development Phase Licence is granted; and
(iv) executed by Project Co.
(c) (Comply with Development Phase Licence): Project Co must comply with the Development Phase Licence for the duration of the Development Phase.
(d) (Access to Returned Assets for Defect rectification): The State must grant, or procure the grant of, a non-exclusive licence to Project Co to access, and permit the relevant Subcontractors to access the Returned Assets for the purpose of rectifying Defects in those Returned Assets in accordance with clause 27.
(e) (Other access): Except for:
(i) the State's obligation to grant or procure the grant of the Development Phase Licence under clause 20.1(a) and the licence for the Returned Assets under clause 20.1(d); and
(ii) the obligations imposed on the State in the Development Phase Licence,
Project Co is responsible for gaining access to and from the Development Phase Area, and to and from any land outside the Development Phase Area, to which access is required to carry out the Development Activities.
(f) (Coordination): Project Co bears the risk of coordinating its access to the Development Phase Area with any other person that uses the access ways to the Development Phase Area.
(g) (Permitted use): Project Co must not use or permit the use of the Development Phase Area for any purpose other than as permitted for the Development Phase either under this Deed or the Development Phase Licence.