(a) (All risks and no Claim): Except as otherwise expressly provided in the State Project Documents as between the State and Project Co:
(i) Project Co accepts all risks (and the cost of such risks) in connection with delivering the Project (including the Site, the Site Conditions, the Project Assets and the Project Activities); and
(ii) Project Co is not entitled to make any Claim against the State or any State Associate in connection with the Project or the Project Documents.
(b) (Right to defend): Subject to any provision of a State Project Document that prescribes, limits or proscribes the bases on which Project Co is entitled to defend, or reduce its liability in respect of, a Claim, in which case, Project Co's right to defend, or reduce its liability in respect of, that Claim will be limited to the rights set out in that provision, clause 5.6(a) does not preclude or limit Project Co from raising any defence available at Law to any Claim made by the State or State Associates against Project Co.
(c) (State Liability): Without limiting clauses 5.6(d) or 34.5(b), clause 5.6(a) and clause 5.6(b) do not exclude or limit any Claim that Project Co may have against the State or a State Associate, or any Liability the State or any State Associate may have to Project Co or any Project Co Associate, under the State Project Documents or at Law:
(i) for damages for breach of a State Project Document by the State or any State Associate; or
(ii) in respect of Project Co's or any Project Co Associate's Liability to a third party in respect of death, personal injury or damage to property, to the extent that the Liability of Project Co or any Project Co Associate is a consequence of a fraudulent, reckless, unlawful or malicious act or omission of the State or any State Associate.
(d) (Project Co acknowledgement): Project Co acknowledges and agrees that, except in respect of its rights to the payment of interest for late payments as set out in clause 34.5, Project Co's sole financial remedy, and the State's sole financial Liability:
(i) for delay, disruption or disturbance to the progress of any part of the Development Activities, including by reason of an Extension Event, is limited to the amount payable by the State to Project Co in accordance with clauses 26.12, 26.19 and 35.8(g); and
(ii) for prevention of the performance of the Services, including by reason of an Intervening Event, is limited to the amount payable by the State to Project Co in accordance with clauses 32.3(d), 32.4, 32.5, 32.7 and 35.8(g).
(e) (PSDR): Project Co warrants that:
(i) prior to the date of this Deed, it:
A. checked, examined, analysed and carefully considered the PSDR;
B. satisfied itself as to the completeness, correctness, accuracy, appropriateness, suitability and adequacy of the PSDR; and
C. satisfied itself that there are no omissions, ambiguities, discrepancies or inconsistencies in or between the PSDR; and
(ii) the PSDR is proper, adequate and fit for the purpose of enabling Project Co to carry out the Project Activities in accordance with this Deed, and ensuring that the Works satisfy the relevant FFP Warranty.