3.4  Failure to satisfy Condition Precedent by Condition Precedent Deadline

If any Condition Precedent is not satisfied (or waived in accordance with clause 3.3(b)) by the relevant Condition Precedent Deadline, then:

(a)  (State option to terminate): the State may, at its option terminate this Deed by giving not less than 5 Business Days' notice to Project Co;

(b)  (State Project Documents terminated): if the State terminates this Deed under clause 3.4(a), each State Project Document will be taken to have been terminated at the time this Deed is terminated and will be of no further force or effect; and

(c)  (no claim): neither party will have any Claim against the other party in connection with the Project including for failure to satisfy a Condition Precedent or the termination of the Project Documents as a consequence of the failure to satisfy (or procure the waiver of) a Condition Precedent.