35.10  Unilateral Modification Order

(a)  (Modification Order): Notwithstanding any other term of this Deed, whether or not:

(i)  the State has issued a Modification Request under clause 35.1;

(ii)  Project Co has issued a Modification Proposal under clause 35.2; or

(iii)  the parties have reached agreement on any disputed matters in the Modification Proposal in accordance with this clause 35, the Change Compensation Principles, or otherwise,

the State may at any time direct Project Co to implement a Modification by issuing a Modification Order in the form of a Change Response in accordance with the Change Compensation Principles.

(b)  (Extension of time): In circumstances where the State has issued a Modification Order and Project Co has not issued a Modification Proposal prior to the Modification Order, the State may, where it considers that Project Co is entitled to an extension of time for the Modification in accordance with clause 35.8(a) and without limiting the parties' rights under clause 35.8(b)(i), determine and calculate the extension of time to which Project Co is entitled and the amount of compensation payable to Project Co as set out in Item 11 of Table 1 of the Change Compensation Principles, which will be calculated and determined in accordance with the Change Compensation Principles and include any such determination in the Modification Order

(c)  (Dispute): If Project Co disputes that the extension of time or compensation determined by the State under clause 35.10(b) has been correctly determined in accordance with this Deed :

(i)  Project Co must proceed with the Modification in accordance with the Modification Order but may submit a Change Notice to the State and the Independent Reviewer in accordance with the Change Compensation Principles; and

(ii)  the Independent Reviewer will determine any extension to the relevant Date for Acceptance as a consequence of the Modification Order and the amount of compensation payable to Project Co as set out in Item 11 of Table 1 of the Change Compensation Principles, which will be calculated and determined in accordance with the Change Compensation Principles.

(d)  (Compensation for extension of time): Subject to clauses 26.14 and 35.8(h), Project Co will be entitled to compensation as set out in Item 11 of Table 1 of the Change Compensation Principles for that extension of time, which will be calculated and determined in accordance with the Change Compensation Principles.