(a) Subject to the express provisions of the Terms and Conditions, if the State or any of its Associates fails or delays in exercising or enforcing any right or remedy under the Terms and Conditions, the Invitation for EOI or the RFP, it will not preclude or amount to a waiver of any further exercise or enforcement of that right or remedy or of any other right or remedy under the Terms and Conditions or provided by Law.
(b) If the State or any of its Associates fails or delays in exercising or enforcing any right or remedy under a similar deed to the Terms and Conditions, the Invitation for EOI or the RFP against any Competing Respondent, none of the Respondent, Respondent Members or of their respective Associates will have or make any Claim against the State in respect of such failure or delay.