If the State has exercised its right to terminate the Tender Process with respect to the Respondent and all Competing Respondents, without the award of the Project to any of them, then the Respondent and each Respondent Member acknowledges that the State is at liberty to negotiate with any party to a proposed or draft document submitted as part of a Proposal, with a view to entering into a contract with that party on substantially the same terms as the proposed or draft document.