2  Purpose and scope of AD Phase

(a)  The purpose and scope of the AD Phase is:

(1)  for the Proponent to perform the Services in accordance with this Agreement (including the Proponent Team Protocols);

(2)  without limiting the Project Owner's rights under the Request for Proposal, to enable the Proponent to do everything it can to become the Successful Proponent;

(3)  to provide a competitive environment for the Project Owner to select either the Proponent or the Other Proponent as the Successful Proponent;

(4)  to enable the Project Owner to observe and experience the reality of working collaboratively with the Proponent;

(5)  to enable the Proponent to demonstrate how it will participate in the alliance with the Project Owner (if the Project Alliance Agreement is entered into by the Project Owner and the Proponent in accordance with this Agreement); and

(6)  to enable the Project Owner to conduct the Financial Establishment Audit.

(b)  The Proponent acknowledges and accepts that while the Project Owner will cooperate with and assist the Proponent to perform the Services, the Project Owner will simultaneously be co-operating with and assisting the Other Proponent to provide its Services under its Alliance Development Agreement.

(c)  The Proponent releases the Project Owner from any losses, damages or claims arising out of or in connection with:

(1)  any co-operation or assistance provided, or any failure to provide any co-operation or assistance, by the Project Owner or the Project Owner's Representative to the Proponent under this Agreement; and

(2)  any co-operation or assistance provided, or any failure to provide any co-operation or assistance, by the Project Owner or the Project Owner's Representative to the Other Proponent under its Alliance Development Agreement.

(d)  The Project Owner is not liable for any losses, damages or claims suffered by the Proponent arising from the Proponent not being selected as the Successful Proponent except for the payment of costs in accordance with clause 12 and Schedule 5.