30.9  Failure to agree

If none of the offers made by the tenderers are acceptable to the State, the State may:

(a)  (accept offer): accept the offer (if any) made by Project Co under clause 30.3(b) in which case clause 30.3(f) will apply;

(b)  (provide under current terms and pricing): if no offer was made by Project Co under clause 30.3(b), require Project Co to proceed to provide the Reviewable Services under the current terms and pricing in accordance with clause 30.4(a); or

(c)  (omit the Services): omit the Reviewable Services from the Services in accordance with clause 35.7 and carry out the Reviewable Services itself or procure a third party to carry out the Reviewable Services (in which case the omission will be a Change Compensation Event) and Project Co or the State will be entitled to claim compensation as set out in Item 20 of Table 1 of the Change Compensation Principles, which will be calculated and determined in accordance with the Change Compensation Principles.