(a) (Payment for Modification Proposal): If:
(i) Project Co is entitled to prepare a Modification Proposal in accordance with this Deed; and
(ii) Project Co or a Key Subcontractor is required to engage a third party consultant (other than an employee of Project Co or a Key Subcontractor or any other Consortium Member or any of their Related Body Corporates) to provide professional services in respect of the preparation of the Modification Proposal,
this will be a Change Compensation Event and subject to its compliance with clause 35.3, Project Co will be entitled to claim compensation for the preparation of the Modification Proposal, as set out in Item 9 of Table 1 of the Change Compensation Principles, which will be calculated and determined in accordance with the Change Compensation Principles.
(b) (Rectification Proposal Quote): At the same time as Project Co submits a Change Notice for the Change Compensation Event referred to in clause 35.3(a) (Modification Proposal Quote), Project Co must submit details of the relevant third party consultants Project Co or a Key Subcontractor intends to engage in accordance with clause 35.3(a)(ii).
(c) (State response): Within 5 Business Days after receipt of Project Co's Modification Proposal Quote, the State must issue its Change Response in which the State may:
(i) agree to the amount proposed by Project Co in its Modification Proposal Quote in which case Project Co must proceed with the preparation of the Modification Proposal; or
(ii) not agree with the amount proposed by Project Co in its Modification Proposal Quote in which case the State must either:
A. direct Project Co to proceed with the preparation of the Modification Proposal and include the Consultant Costs payable for the preparation of the Modification Proposal in its Change Response, as calculated and determined in accordance with Item 9 of Table 1 of the Change Compensation Principles; or
B. unless the Modification Proposal is one in respect of which the State is required to issue a Modification Order in accordance with clause 35.6, inform Project Co that it does not wish to proceed with the Modification.
(d) (Timing of payment for Modification Proposal): If the State:
(i) determines not to proceed with a Modification in accordance with clause 35.5(c)(iii) the State will pay Project Co the Consultants Costs for the preparation of the Modification Proposal agreed or determined in accordance with clause 35.3(a), as an amount due and payable; or
(ii) issues a Modification Order in response to the Modification Proposal the State will pay Project Co for the Modification Proposal as part of the payment for the Modification subject to the limitation set out in section 7.2(q) of the Change Compensation Principles.