34.4  Service Payments

(a)  (Payment Claims): Within 5 Business Days after the date Project Co is required to deliver the Monthly Operational Phase Performance Report for a Month during the Operational Phase, Project Co must provide to the State a Payment Claim for the Service Payment for that Month (calculated in accordance with the Payment Schedule) and any other amounts then due and payable by the State or by Project Co under this Deed.

(b)  (Payment Statement): The State must provide to Project Co a statement stating the amount payable to or by Project Co (which may be more or less than the amount set out in the Payment Claim) and the reasons for any difference from the amount in the Payment Claim (Payment Statement), within the later of:

(i)  6 Business Days after receipt by the State of a Payment Claim; and

(ii)  6 Business Days after receipt by the State of the relevant Monthly Operational Phase Performance Report.

(c)  (No Payment Claim): If Project Co does not issue a Payment Claim or the relevant Monthly Operational Phase Performance Report, the State may still issue a Payment Statement setting out the amount payable to or by Project Co.

(d)  (Registered): Each of the State and Project Co acknowledges that it (or in the case of the State, a person on behalf of the State) is registered for GST when it enters into this Deed and that each party will notify the other party if it (or the relevant person) ceases to be registered.

(e)  (Tax Invoice): Without limiting Project Co's or the State's right to dispute the amount for payment stated in the Payment Statement, Project Co or the State (as applicable) will provide to the other party a Tax Invoice in connection with any supplies which are the subject of the Payment Statement for the amount stated in the Payment Statement within 2 Business Days after receipt of the Payment Statement.

(f)  (Project Co failure to provide Tax Invoice): Without limiting clause 34.4(g), if Project Co or the State fails to provide a Tax Invoice in the time required, the State Representative or Project Co's Representative (as the case may be) may prepare the Tax Invoice on behalf of Project Co or the State (as applicable) and provide that Tax Invoice to Project Co or the State (as applicable).

(g)  (Timing of payment): Subject to clause 34.7, payment of the amount stated to be payable to or by Project Co in the Payment Statement must be made by the State to Project Co or by Project Co to the State (as the case may be) within 10 Business Days after receipt of the Tax Invoice provided under clauses 34.4(e) or 34.4(f).

(h)  (Payment not evidence of proper performance): The payment of Service Payments by the State to Project Co and the issuing of any Payment Statement is not evidence that the Project Activities have been carried out by Project Co in accordance with the State Project Documents, or an admission of liability, and is only to be taken as payment on account.

(i)  (Correction of previous Payment Statement): The State may, in any Payment Statement, correct any error in any previous Payment Statement issued by the State.