Adjustment of Land Availability Plans Sample Clauses

Adjustment of Land Availability Plans. The Land Availability Plans may only be adjusted in accordance with clause 6.3.

Adjustment of Land Availability Plans. (a) (Project Co may request): Project Co may submit a notice to the State for review in accordance with the Review Procedures, requesting that the Land Availability Plans be amended to: (i) include additional parcels of land; or (ii) amend the availability date of an existing parcel of land referred to in the Land Availability Plans. (b) (Project Co's Notice): Project Co's notice under clause 6.3(a) must include details of: (i) in connection with an additional parcel of land: A. the additional parcel of land (including height and depth) required by Project Co; B. the purpose for which Project Co requires that additional parcel of land; C. the date by which Project Co reasonably anticipates it requires access to the additional parcel of land; and D. any consequential amendments required to the Land Availability Plans; and (ii) in connection with an existing parcel of land, the amended availability date being requested. (c) (State may exercise powers): Within a reasonable period following receipt of a notice under: (i) clause 6.3(a)(i), if the State has the power under the Relevant Legislation (or any equivalent legislation) enabling it to do so; or (ii) clause 6.3(a)(ii), if the State is reasonably able to make the parcel of land available by the amended availability date, the State may: (iii) agree to amend the Land Availability Plans under clause 6.3(f); or (iv) advise Project Co that it will not accede to the request made by Project Co under clause 6.3(a). (d) (Project Co accepts all risks): Project Co accepts all risks under this clause 6.3, including: (i) the risk of any unavailability or delay in making a parcel of land available, where the State exercises its powers under clause 6.3(c)(iii); (ii) any risk arising as a result of compliance with the conditions imposed by the State under clause 6.3(c)(iii); (iii) all costs incurred by the State (including land acquisition costs), where the State exercises its powers under clause 6.3(c)(iii), which will be a debt due and payable by Project Co to the State; and (iv) the risk that the State does not accede to a request in accordance with clause 6.3(c)(iv). (e) (Payment as a condition of exercise of power): The State may, as a condition of exercising its powers under clause 6.3(c)(iii), require Project Co to deposit sufficient funds into its nominated bank account in order to meet all costs that the State reasonably anticipates that it will incur as a result of the exercise of its powers.