The key issue regarding whether achieving outstanding outcomes and breakthrough/gamebreaking performance is an enforceable obligation is that if one of the parties to the alliance agreement does not substantially perform, the alliance agreement:
• releases all claims (through the no blame regime); and
• compels all parties to strive for a common goal of gamebreaking performance.
From a strict legal perspective, it needs to be recognised that this is only an incentive, and there is no legal consequence for not achieving it.