9.1  State Confidential Information

The Proponent acknowledges and agrees that:

(a)  the State Confidential Information, and all Intellectual Property Rights in the State Confidential Information (to the extent the State owns, or its Associates own, the Intellectual Property Rights in the State Confidential Information), will remain the property of the State or any of its Associates (as the case may be);

(b)  none of the State, its Associates or any other person acting on behalf of or associated with any of them has verified, or has any obligation to verify the accuracy, reliability or completeness of the State Confidential Information;

(c)  none of the State, its Associates or any other person acting on behalf of or associated with any of them has made any representation or warranty either express or implied as to the accuracy, reliability or completeness of the State Confidential Information;

(d)  the Proponent must rely absolutely on its own opinion and professional advice based upon its own independent analysis, assessment, investigation and appraisal in deciding to further develop the Augmentation Proposal or the Augmentation;

(e)  the Proponent must not in any way rely upon:

(i)  the State Confidential Information; or

(ii)  a failure by the State or any of its Associates to provide any information to the Proponent or its Associates;

(f)  the Proponent must carry out all relevant investigations, make its own review and evaluation, and examine and acquaint itself in respect of:

(i)  all aspects of the Augmentation;

(ii)  the contents, correctness, sufficiency and suitability of the State Confidential Information; and

(iii)  all information which is relevant to the risks, contingencies and other circumstances related to the Augmentation which could affect their decision to further develop the Augmentation Proposal or the Augmentation,

without reliance on the State or any of its Associates;

(g)  no statement, representation, term, warranty, condition, promise or undertaking made, given or agreed to by the State, its Associates or any person acting on behalf of or associated with any of them in any prior negotiation, arrangement, understanding or agreement is of any effect except to the extent expressly set out or incorporated in this deed;

(h)  none of the State, its Associates or any other person acting on behalf of or associated with any of them is under any obligation to:

(i)  notify the Proponent or any of its Associates or provide any further information to the Proponent or any of its Associates if it becomes aware of any inaccuracy, incompleteness or change in the whole or any part of the State Confidential Information; or

(ii)  update the whole or any part of the State Confidential Information, although, the State or any of its Associates may do so at their sole discretion; and

(i)  the acknowledgements under this clause 9.1 are in addition to and, to the extent not inconsistent, do not replace the terms and conditions already agreed to or accepted by the Proponent or its Associates when receiving the State Confidential Information.