9.2  Timing and reimbursement of the Augmentation Process Fee 

(a)  The Augmentation Process Fee must not include costs that are already included or allowed for in the Service Payment or for any resources which are already required to be committed to the Project. 

(b)  The Proponents must prepare a detailed budget for the Augmentation Process Fee to be included in the Augmentation Process Deed including details of the budget allocated to the relevant Proponent.

(c)  The Augmentation Process Deed must include a separate cap on the amount payable by the State for the Augmentation Process Fee that must not be exceeded (Augmentation Process Fee Cap).

(d)  The Augmentation Process Fee Cap can only be adjusted for material changes to the proposed Augmentation made by the State after the execution of the Augmentation Process Deed that are the equivalent to Modifications under this Deed and require material additional resourcing by the relevant Proponent, and then only by an amount agreed by the State, acting reasonably.

(e)  Subject to section 9.2(f) and section 9.3, none of the Proponents or Proponent Associates will be entitled to make any Claim against the State or any State Associates for any costs or expenses incurred by any of them in connection with the Augmentation (including Augmentation Process Fees) for the period prior to Contract Close.  

(f)  The Augmentation Process Fee will only be payable on termination of the Augmentation Process Deed prior to Contract Close in accordance with section 18.5 and must not exceed the relevant Augmentation Process Fee Cap.  

(g)  The Augmentation Process Fee will not be payable on Contract Close as it is the State's expectation that any such costs will be included as part of the Final Augmentation Proposal provided by the Proponent.  Any Augmentation Process Fee included as part of the Final Augmentation Proposal provided by the Proponent must not exceed the relevant Augmentation Process Fee Cap.