(a) Except as otherwise expressly provided in the Terms and Conditions, the Respondent and Respondent Members are not entitled to make any Claim against the State for any Liability incurred by them arising out of, or in connection with, the Terms and Conditions, the Tender Process, the submission of a Proposal, the Disclosed Information or any inspections of any site related to the Project.
(b) The Respondent and Respondent Members must indemnify, and must keep indemnified on demand, the State and any of its Associates from and against any Claim or Liability suffered or incurred by the State or any of its Associates arising out of, or in connection with:
(i) any breach by the Respondent or a Respondent Member of the Terms and Conditions;
(ii) any action or Claim brought by the Respondent, a Respondent Member or any of their respective Associates against the State or any of its Associates with respect to any of the matters or events identified in Clause 4(a);
(iii) any failure of an Associate to perform or otherwise comply with the Associate Obligations (as relevant); and
(iv) any site inspection to the extent caused by the act or omission, including any negligence of, the Respondent, a Respondent Member or any of their respective Associates.