11.5  Acknowledgements

The Proponent acknowledges and agrees that:

(a)  there is no guarantee that the Proponent or the Other Proponent will be selected as the Successful Proponent;

(b)  the process for selecting the Successful Proponent (if that occurs), outlined under this Agreement supplements the process contained in the Request for Proposal. If there is any inconsistency or ambiguity between this Agreement and the Request for Proposal, that inconsistency or ambiguity will be resolved by the Project Owner in its discretion;

(c)  there are a number of Authorisations that are required to be obtained by the Project Owner prior to the selection of the Successful Proponent and execution by the Project Owner of the Project Alliance Agreement (if that occurs) which may not be given or which may be given on terms which are not acceptable to the Project Owner, in which case, in the Project Owner's absolute discretion, the Successful Proponent will not be selected, the Project Alliance Agreement will not be executed by the Project Owner and the Project will not proceed;

(d)  the Project Proposal and the Proponent's commitments and obligations under this Agreement remain unaffected notwithstanding:

(1)  the Project Owner's co-operation and participation in the development of the Project Proposal, including the involvement of the Project Owner's Representative, the Core Team and any independent advisers appointed by the Project Owner;

(2)  any receipt or review of, or comment or direction on, the development of the Project Proposal or any of the inputs into the Project Proposal by the Project Owner, the Project Owner's Representative or anyone acting on behalf of the Project Owner, during the AD Phase or at any other time, or any failure by the Project Owner, the Project Owner's Representative or anyone acting on behalf of the Project Owner to receive or review or provide comment or direction on the development of the Project Proposal or any of the inputs into the Project Proposal; and

(3)  the Project Owner's co-operation with and assistance given to the Other Proponent to develop its Project Proposal under its Alliance Development Agreement; and

(e)  nothing in this Agreement may be construed as an indication or representation to the Proponent by the Project Owner that the Proponent will be selected as the Successful Proponent. The Project Owner is not liable for any loss or damage suffered by the Proponent arising from Proponent not being selected as the Successful Proponent except for the payment of costs in accordance with clause 12 and Schedule 5.