The Proponent, and each Member, by submitting an Initial Proposal or Project Proposal, acknowledges and accepts that the Project Owner has an absolute and unfettered discretion and is not required to give reasons for its decisions with respect to:
(a) the preparation of this RFP, the preparation of the Alliance Development Agreement or the Project Alliance Agreement, the evaluation of the Initial Proposal or Project Proposal, the selection of the two Shortlisted Proponents and the selection of the Successful Proponent;
(b) the amendment of this RFP, including changing the procedures or any aspect of the Selection Process and evaluation process set out in this RFP and the Alliance Development Agreement at any time prior to the execution of the Project Alliance Agreement;
(c) its decision not to shortlist or select or prefer any Proponent;
(d) its decision to refuse to consider or reject any Initial Proposal or Project Proposal lodged by a Proponent;
(e) its decision whether or not to proceed with the Project at all or in the manner described in this RFP;
(f) its decision to cancel this RFP and/or the evaluation and selection process outlined in this RFP at any time; or
(g) whether or not it executes an Alliance Development Agreement or the Project Alliance Agreement.
The Proponent or any Member is not entitled, in any jurisdiction, to challenge any decision by the Project Owner relating to this RFP or the evaluation, shortlisting and selection process outlined in this RFP, including any decision regarding:
(h) the preparation of this RFP, the preparation of the Alliance Development Agreement or the Project Alliance Agreement, the evaluation of the Initial Proposal or Project Proposal, the selection or appointment of one or more Shortlisted Proponents at the end of RFP Phase and the selection of the Successful Proponent at the end of AD Phase;
(i) any amendment of this RFP, including changing the procedures or any aspect of the selection and evaluation process set out in this RFP and the Alliance Development Agreement at any time prior to the execution of the Project Alliance Agreement;
(j) a decision not to shortlist or select or prefer any Proponent;
(k) a decision not to proceed with the Project at all or in the manner described in this RFP;
(l) a decision to cancel this RFP and/or the evaluation and selection process outlined in this RFP at any time ; or
(m) whether or not it executes an Alliance Development Agreement or the Project Alliance Agreement.
The Proponent acknowledges that the conditions of this RFP:
(n) confer obligations only on the part of the Proponent and do not confer any rights in favour of the Proponent; and
(o) are for the benefit of the Project Owner.
The Proponent and each Member releases the Project Owner and its officers, agents and employees from any claim, action, demand, suit, proceeding, cost, loss, expense or damage which they have, or but for this provision may have had, arising out of or in connection with this RFP or the evaluation and selection process outlined in this RFP.