44.5  Insurances primary

(a)  (Enforceability of rights under indemnities): The State is not obliged to make a claim or institute proceedings against any insurer under the Insurances before enforcing any of its rights or remedies under the indemnities given or referred to in this Deed or generally.

(b)  (Project Co's obligations not affected): Project Co is not relieved from and remains fully responsible for its obligations under this Deed regardless of whether the Insurances respond or fail to respond to any claim and regardless of the reason why any Insurance responds or fails to respond.