18.4.1  Private party's right to request Modification

(a)  The private party may at any time, during the construction and operations phases, request Modifications to the works, facility or project activities provided they are consistent with the project agreement and the Output Specifications and do not have an adverse effect on the facility or the performance of the project activities. The Modifications could include commercial enhancements which meet service needs such as capacity enhancements on a tollroad project.

(b)  The private party must demonstrate that it has the appropriate financial and technical resources to undertake the proposed Modification.