(a) (Submission): Project Co must amend the Bid Development Phase Program in accordance with [#] of the PSDR and otherwise in accordance with this Deed and submit it to the State and the Independent Reviewer for review in accordance with the Review Procedures.
(b) (Resubmission): The parties acknowledge and agree that the Bid Development Phase Program including as submitted and amended in accordance with [#] of the PSDR and this Deed will be the Development Phase Program.
(c) (Accuracy): The Development Phase Program must accurately reflect the status and progress of the Development Activities.
(d) (Not part of Deed): Project Co acknowledges and agrees that:
(i) the Development Phase Program does not form part of this Deed;
(ii) neither the State nor the Independent Reviewer is required to use the Development Phase Program for any purpose, including for the purpose of assessing the impact of any delay event or any extension of time, or any Claim made by Project Co, but may do so in their sole and absolute discretion; and
(iii) to the extent that the Development Phase Program seeks to impose any obligation on the State, Project Co will not be entitled to make any Claim against the State in connection with that obligation (unless that same obligation is expressly imposed on the State in a clause or Schedule of this Deed).
(e) (Departure): Subject to complying with its obligations under this clause 26, Project Co may depart from the Development Phase Program if it is necessary to do so to comply with the requirements of this Deed, except that any such departure will not relieve Project Co from its obligations under this Deed to achieve Acceptance by the relevant Date for Acceptance.
(f) (Notice of departure): Project Co must give notice to the State and the Independent Reviewer promptly upon becoming aware of any proposed or likely departure from the critical path in the then current Development Phase Program, together with the reasons why it is necessary to do so to comply with the requirements of this Deed.
(g) (Updated Development Phase Program): A notice under clause 26.2(f) must include a Development Phase Program updated to reflect any changes to the critical path in accordance with the requirements of [#] of the PSDR for review by the State and the Independent Reviewer in accordance with the Review Procedures.
(h) (Warranty): Project Co warrants that each update of the Development Phase Program accurately reflects the status and progress of the Development Activities, the critical path for the Development Activities and the date by which Project Co will achieve Acceptance.