18.4  Payment on termination for failure to pass Milestone or for Proponent default

If an Augmentation Process Deed is terminated under section 18.2:

(a)  the State will pay the Proponents, subject to its rights of set-off set out in the Augmentation Process Deed, to the extent not already paid, all Design Fees properly and reasonably incurred in accordance with the Augmentation Process Deed up to the date of termination which, together with all other Design Fees that have been paid by the State to the date of termination, must not exceed the Design Fees Cap; and

(b)  the State will not pay the Proponents any other amount, including any amount in respect of the Augmentation Process Fee or any other Third Party Costs.