(a) (Interpretation): References to the Independent Reviewer will be interpreted only to the extent of the Independent Reviewer's role under the Independent Reviewer Deed of Appointment (including the term of such appointment).
(b) (Where no Independent Reviewer): To the extent that this Deed requires the Independent Reviewer to exercise a right or carry out an obligation where there is no Independent Reviewer appointed under the Independent Reviewer Deed of Appointment at that time:
(i) where it is for the purpose of the Independent Reviewer determining a Dispute as an expert under clause 49.1, the parties must appoint another party as the expert in accordance with clause 49.1; and
(ii) in all other circumstances, the State must exercise that right or carry out that obligation on a similar basis as the Independent Reviewer would have, acting in accordance with the Independent Reviewer Deed of Appointment and this Deed.
(c) (Capable of review): Notwithstanding clause 8.3, any exercise of a right or carrying out of an obligation by the State in the circumstances referred to in clause 2.21(b)(ii) will:
(i) be a decision or determination of the State;
(ii) not be a decision or determination of the Independent Reviewer for the purposes of clause 2.18, clause 8.3, or clauses 48 to 50; and
(iii) not be final and binding on the parties and will be capable of being referred for resolution in accordance with clauses 48 to 50.