1.3  References to the Project Owner and Owner Participant

(a)  Whilst the Project Owner and the Owner Participant are the same entity, throughout this Agreement references are made to "Project Owner" and "Owner Participant" respectively to indicate the distinction between when that entity is acting as the client for the performance of the Works and when it is acting as one of the Participants in the alliance for the performance of the Works.

(b)  The Project Owner must perform its obligations under this Agreement through a representative appointed in writing by the Project Owner from time to time. In addition, the Project Owner's representative will also perform the roles and functions and have the powers and rights allocated to him or her as set out in Schedule 13. The Participants will provide all assistance necessary to ensure the Project Owner's representative can fulfil the responsibilities, perform those roles and functions and exercise those rights. The Project Owner has initially selected the person named in Schedule 1 as its representative for the purposes of this Agreement. The Project Owner may, from time to time, change its representative by giving notice in writing to the NOPs.

(c)  Notwithstanding the alliance relationship established under this Agreement, the NOPs acknowledge that, where the Project Owner is exercising its rights (including the Project Owner's Reserved Powers under clause 6.10) and performing its obligations under this Agreement in its role as client for the performance of the Works (rather than as a Participant in the alliance), the Project Owner will not be subject to the commitments made under clauses 3 and 4.