(a) (Project Co to repair or reinstate): If Project Co is required to repair or reinstate the Project Assets after loss or damage in accordance with clause 42.2, other than if this is due to Minor Damage, Project Co must promptly consult with the State and:
(i) subject to clause 42.3(b), submit a plan to the State for the repair or reinstatement of the Project Assets for review in accordance with the Review Procedures (the Repair and Reinstate Plan);
(ii) promptly repair or reinstate the Project Assets in accordance with the requirements of this Deed and the Repair and Reinstate Plan;
(iii) ensure that the repaired or reinstated Project Assets comply with the requirements of this Deed;
(iv) ensure if possible, there is minimal disruption to the use of the Project Assets;
(v) to the greatest extent possible, continue to comply with its obligations under the Project Documents; and
(vi) other than if the repair or reinstatement is in respect of Minor Damage, keep the State fully informed of the progress of the repair or reinstating of the Project Assets.
(b) (Different specification): If the State requires all or any part of the Project Assets to be repaired or reinstated to different specifications or standards to the required design specifications and standards of the lost or damaged Project Assets (as at the date on which the loss or damage occurred) in accordance with clause 42.2(b)(iii)B, the State must issue a Modification Request for that part of the Project Assets to be repaired or reinstated to the different specifications or standards and any change to the Service Requirements or Services as a consequence of the repair or reinstatement to the different specifications or standards.
(c) (Modification Proposal not accepted): Where the State issues a Modification Request to Project Co in accordance with clause 42.3(b) and the State subsequently elects not to proceed with the Modification in accordance with clauses 35.5(c), the State must elect to either:
(i) require Project Co to repair or reinstate the Project Assets to the then current design specifications and standards in which case clause 42.3(a) and clause 42.4 will apply; or
(ii) require Project Co not to repair or reinstate the Project Assets, in which case clause 42.5 will apply.
(d) (Performance Failure): Where the loss or damage to the Project Assets is or gives rise to a Performance Failure or will do so if Project Co does not take the action it is required to undertake in accordance with the Services Specification, nothing in this clause 42.3 or clause 42.4 limits Project Co's obligations or liabilities as set out in the Services Specification, including any obligation to respond to or repair the loss or damage and reinstate the Project Assets in accordance with a specified period of time as set out in the Services Specification and any liability for Abatement as a consequence of a Performance Failure.
[Note: Project Teams should ensure that the repair and rectification requirements in the PSDR for reactive maintenance are consistent with the approach in clause 42.2 and clause 42.3. See Guidance Notes for further detail.]