(a) If the Augmentation will include the contribution of equity and, in accordance with the principles set out in section 14.1, the parties determine not to undertake a Tender Process to procure the equity for the Augmentation, a maximum Augmentation Equity IRR (Augmentation Equity IRR Cap) must be included in the Augmentation Process Deed.
(b) Unless the State materially changes the scope or risk allocation of the Augmentation from that identified in this Deed or the Standard Form Project Deed, or the State otherwise agrees, any Augmentation Equity IRR included in the Final Augmentation Proposal must not exceed the Augmentation Equity IRR Cap.