9.2  State not liable

(a)  None of the State, its Associates, or any person acting on behalf of, or associated with any of them, will have any Liability arising out of or in respect of or in connection with: 

(i)  any right which the Proponent, any of its Associates, or any person acting on behalf of, or associated with any of them, has (whether at the date of this deed or otherwise) in respect of any alleged misrepresentation or misleading or deceptive conduct on the part of the State, any of its Associates, or any person acting on behalf of, or associated with any of them in providing the State Confidential Information; or

(ii)  any Statement of Proposed Augmentation, the Augmentation Proposal, the Augmentation or the Augmentation Process (except to the extent expressly stated in the Augmentation Process Deed).

(b)  The Proponent must not make, continue or enforce any Claim against, or seek, pursue or obtain an indemnity against Liability from the State, any of its Associates, or any person acting on behalf of, or associated with any of them, arising out of or in respect of or in connection with: 

(i)  any right which the Proponent, any of its Associates, or any person acting on behalf of, or associated with any of them, has (whether at the date of this deed or otherwise) in respect of any alleged misrepresentation or misleading or deceptive conduct on the part of the State, any of its Associates, or any person acting on behalf of, or associated with any of them, in providing the State Confidential Information; or

(ii)  any Statement of Proposed Augmentation, the Augmentation Proposal, the Augmentation or the Augmentation Process (except to the extent expressly stated in the Augmentation Process Deed). 

(c)  The Proponent releases the State and its Associates from, and indemnifies the State in respect of, any Claim or Liability referred to in clauses 9.2(a) or 9.2(b).