18.2  Termination by State for failure to pass Milestone or for Proponent default or abandonment

Unless otherwise expressly provided in an Augmentation Process Deed, the State may terminate any Augmentation Process Deed if:

(a)  the Proponents fail to achieve, or fail to use their best endeavours to achieve (as applicable), a Milestone by the required date set out in the relevant Augmentation Process Deed subject to any cure period or extension of time regime agreed by the parties and set out in the relevant Augmentation Process Deed; 

(b)  the Sunset Date has been reached and Contract Close has not been achieved as a result of a failure of the Proponent to comply with the Augmentation Process Deed;

(c)  any Proponent does not otherwise comply with the terms of the Augmentation Process Deed and the Proponents do not Cure such non-compliance (or, where the non-compliance is not capable of Cure, overcome the effects of non-compliance) within the time period set out in the Augmentation Process Deed, or where no time period is set out in the Augmentation Process Deed such reasonable period determined by the State and notified to the Proponents in a notice from the State alleging the non-compliance; 

(d)  an Augmentation Proposal submitted by the Proponents to the State is not substantially in accordance with the terms of the Augmentation Process Deed or State Brief; or

(e)  the Proponents abandon the development of, or decide not to proceed with, an Augmentation.