(a) (Unilateral relief): Whether or not Project Co has made, or is entitled to make, a claim for, or is entitled to, relief under clause 32.2, the State may at any time and from time to time, by notice to Project Co, unilaterally grant relief in respect of an Intervening Event and its consequences or any other matter that has occurred during the Operational Phase which has prevented, or will prevent, Project Co's performance of the Services or other obligations under this Deed (which are not Development Activities) during the Operational Phase.
(b) (Acknowledgements): The parties acknowledge that:
(i) the State is not required to exercise the State's discretion under this clause 32.3(a) for the benefit of Project Co;
(ii) other than in accordance with clause 32.3(c), Project Co is not entitled to make any Claim against the State as a consequence of the State exercising its power under clause 32.3(a); and
(iii) other than in accordance with clause 32.3(c), the exercise or failure to exercise the State's discretion under clause 32.3(a) is not capable of being the subject of a Dispute or otherwise subject to review.
(c) (Right to dispute): If:
(i) the State exercises its power under clause 32.3(a) in respect of an Intervening Event for which, but for the exercise by the State of its powers under clause 32.3(a), Project Co would otherwise be entitled to relief under clause 32.2; and
(ii) Project Co disputes the determination made by the State under clause 32.3(a) in respect of that relief,
Project Co may refer the dispute to expert determination in accordance with clause 48.1, provided that Project Co does so within 20 Business Days after the exercise of the State's power under clause 32.3(a).
(d) (Compensation): If the State exercises its power under clause 32.3(a) in respect of a Compensable Intervening Event or a Force Majeure Event for which, but for the exercise by the State of its powers under clause 32.3(a), Project Co would otherwise be entitled to compensation in accordance with clause 32.5, Project Co will be entitled to claim compensation for the Compensable Intervening Event or Force Majeure Event in accordance with clause 32.5.