(a) (Purposes): The parties agree that the purposes of this clause 35.13 are to:
(i) better facilitate and more efficiently give effect to Minor Modifications; and
(ii) ease the administrative burden on Project Co and the State in the implementation of Minor Modifications,
and Project Co must seek to give effect to the purpose stated in this clause 35.13(a) in complying with its obligations under this clause 35.13.
(b) (Minor Modification Proposal): Neither the State or Project Co is required to submit a Change Notice in respect of a Minor Modification, but without limiting the State's rights under clause 35.10, if Project Co or the State want to propose a Modification which is a Minor Modification they must do so by issuing a notice entitled "Minor Modification Proposal" in which case clauses 35.1 to 35.12 will not apply to the Minor Modification unless the State gives notice under clause 35.13(j).
(c) (Notification of amount payable): Project Co must provide the State with its claim for the amount payable for any proposed Minor Modification no later than 3 Business Days after a Minor Modification Proposal is provided to either party.
(d) (Calculation of amount payable): The amount payable to Project Co or the State for any proposed Minor Modification must, subject to clause 35.13(h), be calculated and determined in accordance with Item 13 of Table 1 of the Change Compensation Principles, and Project Co must provide notice of such amount to the State.
(e) (Accumulation): Project Co and the State may agree to accumulate Minor Modifications on a Monthly basis (or such other period as is agreed by the parties) by recording the proposed Minor Modifications by agreement on a register and either the State or Project Co (as the case may be) submitting a Minor Modification Proposal for all Minor Modifications on that register at the end of each Month (or such other period as is agreed by the parties) and prior to their implementation.
(f) (Notice): Neither the State nor Project Co is required to submit a Change Response in respect of a Minor Modification Proposal but within 7 Business Days after receipt of a Minor Modification Proposal from Project Co or the State (as the case may be), provided that the receiving party has received details of the amount payable for the Minor Modification calculated in accordance with clause 35.13(d) and provided within the timeframe set out in clause 35.13(c), the receiving party must provide the other party with a notice which:
(i) accepts the Minor Modification Proposal;
(ii) rejects the Minor Modification Proposal; or
(iii) sets out reasonable amendments to the Minor Modification Proposal.
(g) (Terms): The State and Project Co will implement the Minor Modification on the terms:
(i) of the Minor Modification Proposal if a Minor Modification Proposal is accepted under clause 35.13(f)(i); or
(ii) agreed between the State and Project Co, as recorded in an amended Minor Modification Proposal if either party seeks to amend a Minor Modification Proposal under clause 35.13(f)(iii).
(h) (No claims): The parties acknowledge and agree that, as Minor Modifications are intended to be simple to administer, Project Co will not be entitled to make any Claim for:
(i) an extension of time to a Date for Acceptance or additional recurrent costs that may be incurred in performing the Services, as a consequence of a Minor Modification;
(ii) the cost of preparing a Minor Modification Proposal;
(iii) the payment of any Margin for the Minor Modifications; or
(iv) any impact the Minor Modification may have on the FFP Warranty or any other warranties given by Project Co or any Project Co Associate under any State Project Document.
(i) (Failure to agree): If the State and Project Co fail to agree in accordance with clause 35.13(g)(ii), in respect of the Minor Modification Proposal, the State may:
(i) issue a Modification Order under clause 35.10; or
(ii) issue a Modification Request under clause 35.1,
in order to implement the Minor Modification as a Modification or Project Co may issue a Project Co Modification Proposal in respect of the Minor Modification.
(j) (State direction): Without limiting the State Representative's and Project Co's Representative's right to agree changes to the Minor Modification process, if the State considers that any aspect of the Minor Modification process is not meeting the purposes set out in clause 35.13(a), the State may, by notice to Project Co, suspend the Minor Modification process set out in this clause 35.13. If the State issues a notice to Project Co suspending the Minor Modification process, all Minor Modifications thereafter will be managed in accordance with the process set out in clause 35 (other than this clause 35.13).
(k) (Recommence Minor Modification process): Following a suspension of the Minor Modification process under clause 35.13(j), the State may, by notice to Project Co, recommence the Minor Modification process set out in this clause 35.13.