Common use of Following the Secretary of State’s determination pursuant to either Clause in Contracts

Following the Secretary of State’s determination pursuant to either. of paragraphs 4.1(a) or 4.1(b) (as the case may be), the provisions set out in paragraph 3.5 (Calculation of CE(NRPS)) of Appendix 5 (Quantified Target Methodology) of Schedule 8.8A (Performance Based Fee) shall apply." Unless otherwise instructed by the Secretary of State, paragraph 5 shall not apply for the duration of the XXXX. If the Secretary of State elects that it shall apply during the term of the XXXX, the existing paragraph 5 shall be deleted and replaced with the following: "5

Following the Secretary of State’s determination pursuant to either. of paragraphs 4.1(a4.1(a)(ii) or 4.1(b4.1(b)(ii) (as the case may be), the provisions set out in paragraph 3.5 (Calculation of CE(NRPS)) of Appendix 5 (Quantified Target Methodology) of Schedule 8.8A 8.1B (Performance Based Fee) shall apply." Unless otherwise instructed by the Secretary of State, paragraph 5 shall not apply for the duration of the XXXX. If the Secretary of State elects that it shall apply during the term of the XXXX, the existing paragraph 5 shall be deleted and replaced with the following: "5