(a) Unless otherwise agreed by the State, the Augmentation Process Deed must require the Proponents to indemnify the State and each State Associate from and against any Claim or Liability suffered or incurred by the State or any State Associate arising in connection with:
(i) any breach of the Augmentation Process Deed by the Proponents;
(ii) any Wilful Misconduct by any Proponent or any Proponent Associate in relation to an Augmentation or an Augmentation Process;
(iii) any Tender Process undertaken in connection with an Augmentation, except to the extent the State takes over a Tender Process pursuant to section 18.7(b)(iii) (and without limiting the Proponents' liability for acts or omissions occurring prior to the State taking over the Tender Process); or
(iv) any Commercial Development proposed to be undertaken in connection with an Augmentation.
(b) Unless otherwise agreed by the State, the Proponents' liability to the State under section 20(a) should not be limited by any exclusion of the Proponents' liability for Indirect or Consequential Loss.