The Respondent and each Respondent Member declares and acknowledges that:
(a) each indemnity and right referred to in the Terms and Conditions in favour of any of the State's Associates is held on trust by the State for the benefit of any of its Associates from the date of the EOI Form;
(b) the consent of the Associates of the State will not be required for any amendment to, or waiver of rights under, the Terms and Conditions by the State; and
(c) nothing contained or implied in the Terms and Conditions or any State Project Documents will be construed or interpreted as unlawfully restricting or otherwise unlawfully affecting the unfettered discretion of the State to exercise any of its executive or statutory powers or functions under any Law.