4.  State's rights and discretions 

(a)  Notwithstanding any other term of this Deed, the State may elect:

(i)  not to proceed with the Augmentation Process in respect of the proposed Augmentation; or

(ii)  not to consider any proposed Augmentation the subject of an Initial Augmentation Proposal,

and will advise Project Co and the Lead Proponent (if not Project Co) accordingly.

(b)  If the State notifies Project Co under section 4(a) that it does not intend to proceed with the Augmentation Process in respect of a proposed Augmentation, then Project Co acknowledges and agrees that:

(i)  the Augmentation Process will come to an end in respect of that proposed Augmentation;

(ii)  other than to the extent expressly provided in any Augmentation Process Deed, any Probity and Process Deed or this Deed, Project Co will have no Claim against the State in respect of that proposed Augmentation, and Project Co will procure that no Project Co Associate, Proponent or Proponent Associate makes any Claim against the State in respect of that proposed Augmentation; and

(iii)  the State may elect at any time:

A.  to perform all or any part of the proposed Augmentation itself;

B.  to engage a State Associate to perform all or any part of the proposed Augmentation;

C.  to engage any Project Co Associate, Proponent, or Proponent Associate directly to perform all or any part of the proposed Augmentation

D.  to issue a Modification Order or a Modification Request in relation to the proposed Augmentation; or

E.  to take any other action it deems fit in respect of the proposed Augmentation