Common use of NO TERMINATION WITHOUT NOTICE Clause in Contracts

NO TERMINATION WITHOUT NOTICE. Subject only to paragraph 3.2, the Authority may serve notice terminating the Design Build Finance and Maintain Agreement at any time if it is entitled to do so under the terms of the Design Build Finance and Maintain Agreement. The Authority shall not terminate or serve notice terminating the Design Build Finance and Maintain Agreement in respect of a Project Co Event of Default without giving to the Agent: at least the Required Period of prior written notice (a "Termination Notice") stating: that a Project Co Event of Default has occurred and the proposed Termination Date; and the grounds for termination in reasonable detail, and not later than the date falling twenty (20) Business Days after the date of a Termination Notice a notice containing details of any amount owed by Project Co to the Authority, and any other liabilities or obligations of Project Co of which the Authority is aware (having made proper enquiry) which are: accrued and outstanding at the time of the Termination Notice; and/or which will fall due on or prior to the end of the Required Period, under the Design Build Finance and Maintain Agreement. On becoming aware of an Enforcement Event the Agent shall give notice thereof to the Authority stating that an Enforcement Event has occurred and giving reasonable details thereof (an "Enforcement Event Notice") whereupon, subject to payment by the Agent of the Authority’s reasonable costs and expenses in respect thereof (being such costs and expenses as would not have been incurred in respect of the provision of such information had an Enforcement Event Notice not been served) the provisions of paragraph 3.2.2 shall apply as if references therein to a Termination Notice were to an Enforcement Event Notice.

NO TERMINATION WITHOUT NOTICE. 3.1 Subject only to paragraph 3.2Clause 3.2 and Clause 6, the Authority may serve notice terminating the Design Build Finance and Maintain Project Agreement at any time if it is entitled to do so under the terms of the Design Build Finance and Maintain Project Agreement. . 3.2 The Authority shall not terminate or serve give notice terminating the Design Build Finance and Maintain Project Agreement in respect of a Project Co Event of Default without giving to the Facility Agent: : 3.2.1 at least the Required Period of prior written notice (a "Termination Notice") stating: that a Project Co Event of Default has occurred and i the proposed Termination Date; and ii the grounds for termination in reasonable detail, and and 3.2.2 not later than the date falling twenty (20) Business Working Days after the date of a Termination Notice or (if earlier) the date falling twenty (20) Working Days after the date on which the Facility Agent informs the Authority that an Event of Default has occurred, a notice containing details of any amount owed by Project Co the Contractor to the Authority, Authority and any other existing liabilities or unperformed obligations of Project Co the Contractor of which the Authority is aware (having made proper reasonable enquiry) which are: accrued and outstanding (a Liabilities Statement): i at the time of the Termination NoticeNotice or the notification of such Event of Default; and/or ii which will fall due on or prior to the end of the Required Period, under the Design Build Finance Project Agreement, provided that any delay on the part of the Authority in issuing a Liabilities Statement shall extend the Required Period by a period equal to the period of delay. 3.3 The Authority may issue (at any point during the Step-In Period) one further notice (Further Liabilities Statement) of any of the matters referred to in Clause 3.2 of which the Authority becomes aware following the date of the Termination Notice and/or the notice of the Event of Default (as the case may be) and Maintain Agreementwhich are not detailed in the Liabilities Statement (the Excess Amount), provided that the Excess Amount does not exceed an amount equal to ten per cent of the aggregated liquidated amounts specified in the Liabilities Statement. 3.4 The contents of the Liabilities Statement and any Further Liabilities Statement shall be binding on the Authority. On becoming aware of an Enforcement Event the Agent The Contractor shall give notice thereof not be liable to pay or discharge any amounts or liabilities owed to the Authority stating that an Enforcement Event has occurred and giving reasonable details thereof (an "Enforcement Event Notice") whereupon, subject as at the Step-In Date not referred to payment in the Liabilities Statement or any Further Liabilities Statement. 3.5 A Termination Notice may be revoked in writing by the Agent Authority at any time before taking effect. Upon such revocation, the rights and obligations of the Authority’s reasonable costs Parties to this Agreement shall be construed as if such Termination Notice had not been given. 3.6 During the Required Period and expenses in respect thereof (being such costs and expenses as would not have been incurred in respect at the cost of the Contractor, the Authority shall use its reasonable endeavours to make itself available to the Facility Agent (during normal business hours and where the Facility Agent has given reasonable prior written notice) to discuss such matters as: 3.6.1 the contents or potential contents of the Termination Notice and/or the Liabilities Statement; 3.6.2 arrangements for the continuing execution of the Refurbishment Works, Works and/or provision of such information had an Enforcement Event Notice not been served) the provisions Services, as appropriate; and 3.6.3 any remedial programme proposed by the Facility Agent and submitted to the Authority in advance. 3.7 The Parties acknowledge that the Authority shall be under no obligation to consider or agree to any amendment to the terms of paragraph 3.2.2 shall apply as if references therein to a Termination Notice were to an Enforcement Event Noticethe Project Agreement following any discussion described in Clause 3.6 above.

NO TERMINATION WITHOUT NOTICE. Subject only to paragraph clause 3.2, the Authority may serve notice terminating the Design Build Finance and Maintain Agreement at any time if it is entitled to do so under the terms of the Design Build Finance and Maintain Agreement. The Authority shall not terminate or serve notice terminating the Design Build Finance and Maintain Agreement in respect of a Project DBFM Co Event of Default without giving to the Agent: at least the Required Period of prior written notice (a "Termination Notice") stating: that a Project DBFM Co Event of Default has occurred and the proposed Termination Date; and the grounds for termination in reasonable detail, and not later than the date falling twenty (20) Business Days after the date of a Termination Notice a notice containing details of any amount owed by Project DBFM Co to the Authority, and any other liabilities or obligations of Project DBFM Co of which the Authority is aware (having made proper enquiry) which are: accrued and outstanding at the time of the Termination Notice; and/or which will fall due on or prior to the end of the Required Period, under the Design Build Finance and Maintain Agreement. On becoming aware of an Enforcement Event the Agent shall give notice thereof to the Authority stating that an Enforcement Event has occurred and giving reasonable details thereof (an "Enforcement Event Notice") whereupon, subject to payment by the Agent of the Authority’s reasonable costs and expenses in respect thereof (being such costs and expenses as would not have been incurred in respect of the provision of such information had an Enforcement Event Notice not been served) the provisions of paragraph clause 3.2.2 shall apply as if references therein to a Termination Notice were to an Enforcement Event Notice. The Authority will copy to the Agent any non payment notice which the Authority serves on DBFM Co pursuant to clause 40.1.10 (Payment) of the Design Build Finance and Maintain Agreement.

NO TERMINATION WITHOUT NOTICE. Subject only to paragraph 3.2113.2, the Authority may serve notice terminating the Design Build Finance and Maintain Agreement at any time if it is entitled to do so under the terms of the Design Build Finance and Maintain Agreement. The Authority shall not terminate or serve notice terminating the Design Build Finance and Maintain Agreement in respect of a Project Co Event of Default without giving to the Agent: at least the Required Period of prior written notice (a "Termination Notice") stating: that a Project Co Event of Default has occurred and the proposed Termination Date; and the grounds for termination in reasonable detail, and not later than the date falling twenty (20) Business Days after the date of a Termination Notice a notice containing details of any amount owed by Project Co to the Authority, and any other liabilities or obligations of Project Co of which the Authority is aware (having made proper enquiry) which are: accrued and outstanding at the time of the Termination Notice; and/or which will fall due on or prior to the end of the Required Period, under the Design Build Finance and Maintain Agreement. On becoming aware of an Enforcement Event the Agent shall give notice thereof to the Authority stating that an Enforcement Event has occurred and giving reasonable details thereof (an "Enforcement Event Notice") whereupon, subject to payment by the Agent of the Authority’s reasonable costs and expenses in respect thereof (being such costs and expenses as would not have been incurred in respect of the provision of such information had an Enforcement Event Notice not been served) the provisions of paragraph 3.2.2 113.2.2 shall apply as if references therein to a Termination Notice were to an Enforcement Event Notice.