(a) If the Proponent is not selected as the Successful Proponent, the Proponent must immediately cease to perform the Services on the date of notification by the Project Owner to the Proponent under clause 11.1(a)(5).
(b) Notwithstanding that the Proponent is not selected as the Successful Proponent, the Project Proposal remains valid and capable of acceptance by the Project Owner until the date that is [insert] days from the Submission Date.
Guidance Note: The appropriate time period for the Project Proposal to remain valid and capable of acceptance will need to be considered by the Project Owner on a case by case basis. This mechanism is intended to allow the Project Owner to revert to the unsuccessful Proponent if the Project Owner is unable to reach final agreement with the Successful Proponent. |
(c) If the Project Owner selects the Proponent as the Successful Proponent within the time period referred to in clause 11.4(b), the Proponent will be deemed to be the Successful Proponent for the purposes of this Agreement.
(d) If the time period referred to in clause 11.4(b) expires prior to selection of the Proponent as the Successful Proponent, this Agreement terminates on the date of expiry of that period.