Nominal Insurer rights. (a) The Nominal Insurer may at its absolute discretion:
(i) at any time after the execution by the parties of Statement of Work No. 1, notify the Service Provider that it will not proceed with the remainder of the Discovery Phase, in which case Statement of Work No. 1 and the Agreement will terminate with effect from the date of the notice, provided that the Nominal Insurer will use reasonable endeavours to give the Service Provider reasonable notice (up to 30 days' notice) of any such decision not to proceed;
(ii) at any time after final Acceptance of the Discovery Phase but before the commencement of any subsequent Phase, notify the Service Provider that it will not proceed with any subsequent Phase as a whole, in which case the Agreement (including all executed Statements of Work) will terminate with effect from the final Acceptance of the Discovery Phase; or
(iii) at any time after final Acceptance of the Discovery Phase and after the commencement of any subsequent Phase, notify the Service Provider that it will not proceed with any part of a subsequent Phase, in which case the Service Provider must cease to deliver those remaining parts of that subsequent Phase from the date specified by the Nominal Insurer in the notice, in accordance with the Agreement and the relevant executed Statement of Work.
(b) If the Nominal Insurer exercises its rights under clause 10.1(a)(i), 10.1(a)(ii) or 10.1(a)(iii):
(i) the Service Provider must immediately comply with any reasonable directions given by the Nominal Insurer and do everything possible to mitigate its losses arising in consequence of termination of the Agreement;
(ii) the Nominal Insurer will pay the Service Provider:
(A) Charges due and payable for the Services provided up until the date of termination;
(B) any amounts: draft
(I) set out in the relevant Statement of Work stated as being payable by the Nominal Insurer for termination for convenience, in respect of a decision pursuant to clause 10.1(a)(i) or clause 10.1(a)(iii); or
(II) equal to reasonable costs (excluding loss of prospective income or profits and redundancy costs) agreed by the parties and actually incurred by the Service Provider and directly attributable to the decision not to proceed pursuant to clause 10.1(a)(ii); and
(C) in the case of a decision not to proceed pursuant to clause 10.1(a)(i) or clause 10.1(a)(iii), to the extent not recovered by the Service Provider through the payment by the Nominal Insurer of amounts under clause 10...
