Common use of STEP-IN PERIOD Clause in Contracts

STEP-IN PERIOD. 6.1 Without prejudice to Clause 3 but subject to Clause 6.2 below, the Lead Authority shall not terminate the Contract during the Step-In Period on grounds: 6.1.1 that the [Agent] has taken any action referred to in Clause 5 or enforced any Security Document(s); or 6.1.2 arising prior to the Step-In Date of which the Lead Authority is aware (having made reasonable enquiry and whether or not continuing at the Step-In Date); or 6.1.3 arising solely in relation to the Contractor, unless, in the case of Clause 6.1.2 above: (A) in respect of the Works the grounds arose prior to the relevant Planned Waste Management Facility Operation Date, and construction is not completed on or before the date falling 12 months after the date on which the Lead Authority would have been entitled to terminate the Contract for non-completion; or (B) in respect of the Services the grounds arose during the Services Period, and neither the Appointed Representative nor the Contractor is using all reasonable endeavours (including implementation of any remedial programme) to remedy any breach of the Contract that: (1) arose prior to the Step-in Date; (2) is continuing (and capable of remedy); and (3) would have entitled the Lead Authority to terminate the Contract. 6.2 The Lead Authority shall be entitled to terminate the Contract by written notice to the Contractor and the Appointed Representative; 6.2.1 if any amount referred to in Clause 3.1.2 (A) has not been paid to the Authority on or before the Step-In Date; 6.2.2 if any amount referred to in Clause 3.1.2 (B) has not been paid on or before the last day of the Required Period; 6.2.3 if amounts, of which the Lead Authority was not aware (having made reasonable enquiry)at the time of the Termination Notice or the Event of Default, subsequently become due and payable and are not discharged on or before the date falling 30 days after the date on which the liability for these amounts is notified to the [Agent]; or 6.2.4 on grounds arising after the Step-In Date in accordance with the terms of the Contract provided that for the purposes of termination under the Contract Warning Notices, Default Notices, Unavailability Deductions and Performance Deductions that arose prior to the Step-In Date shall not be taken into account during the Step-In Period but shall be taken into account after the Step-Out Date. 6.3 The Lead Authority shall deal with the Appointed Representative and not the Contractor during the Step-In Period and with effect from the Step-In Date, the Appointed Representative shall, during the Step-In Period have the benefit of any and all of the Councils obligations to the Contractor under Contract.

STEP-IN PERIOD. 6.1 Without prejudice to Clause clause 3 (Notice of Termination and Existing Liabilities), but subject to Clause clause 6.2 below(Step-In Period), the Lead Authority shall not terminate the Contract Project Agreement during the Step-In Period on grounds:grounds:- 6.1.1 that the [Agent] Agent has taken any action referred to in Clause clause 5 (Representative) or the Security Trustee has enforced any Security Document(s); or 6.1.2 arising on or prior to the Step-In Date of which the Lead Authority is aware (having made reasonable enquiry and whether or not continuing at the Step-In Date); or 6.1.3 arising solely in relation to the Contractor, unless, in the case of Clause clause 6.1.2 above:above:- (Aa) in respect of the Works the grounds arose prior to the relevant Planned Waste Management Facility Operation Date, final Service Availability Date and construction is not completed on or before the date falling 12 twelve (12) months after the date on which the Lead Authority would have been entitled to terminate the Contract Project Agreement for non-non completion; or (Bb) in respect of the Services the grounds arose during after the final Services Period, Availability Date and neither the Appointed Representative nor the Contractor is using all reasonable endeavours (including implementation of any remedial programme) to remedy any breach of the Contract that:Project Agreement that:- (1i) arose prior to the Step-in In Date;; and (2ii) is continuing (and capable of remedy); and (3iii) would have entitled the Lead Authority to terminate the ContractProject Agreement. 6.2 The Lead Authority shall be entitled to terminate the Contract Project Agreement by written notice to the Contractor and the Appointed RepresentativeRepresentative:- 6.2.1 if permitted by clause 6.1 (Step-In Period); 6.2.1 6.2.2 if any amount referred to in Clause 3.1.2 (A) clause 3.2.1 above has not been paid to the Authority on or before the Step-In Date; 6.2.2 6.2.3 if any amount referred to in Clause 3.1.2 (B) clause 3.2.2 has not been paid on or before the last day of the Required Period; 6.2.3 6.2.4 if amounts, of which the Lead Authority was not aware (having made reasonable enquiry)at enquiry) at the time of the Termination Notice or the Event of Default, subsequently become due and payable and are not discharged on or before the date falling 30 days twenty (20) Working Days after the date on which the liability for these amounts is notified to the [Agent]Agent or, if later, the end of the Required Period; or 6.2.4 6.2.5 on grounds arising after the Step-In Date in accordance with the terms of the Contract Project Agreement provided that that, subject to clause 7.3 (Step-Out), for the purposes only of termination under the Contract Project Agreement (and without prejudice to the rights of the Authority to make Deductions pursuant to Schedule 5 (Payment Mechanism) of the Project Agreement) any Deductions, Warning Notices, Default Notices, Unavailability Deductions Notices and Performance Deductions Final Warning Notices that arose prior to the Step-In Date shall not be taken into account during the Step-In Period but shall be taken into account after the Step-Out Date. 6.3 The Lead Authority shall deal with the Appointed Representative and not the Contractor during the Step-In Period and with effect from Period. 6.4 Any payment to the Step-In Date, Authority by the Appointed Representative shall, during the Step-In Period have the benefit of any and all sums due under the Leases or performance by the Appointed Representative of any other of the Councils Contractor’s obligations to under the Contractor Leases shall comprise good discharge of the Contractor’s payment obligations and other obligations under Contractthe relevant Leases.

STEP-IN PERIOD. OPPORTUNITY TO CURE OR TO TRANSFER 6.1 Without prejudice to Clause 3 but subject to Clause 6.2 below, HPTE shall deal with the Lead Authority shall Appointed Representative and not terminate the Contract Concessionaire during the Step-In Period on grounds:Period. 6.1.1 that 6.2 Notwithstanding any other provision of this Agreement and the [Agent] has taken any action referred Concession Agreement, HPTE shall not be entitled to in Clause 5 or enforced any Security Document(s); or 6.1.2 arising prior to terminate the Concession Agreement during the Step-In Date Period, except by written notice to the Concessionaire and the Appointed Representative under the following circumstances: (a) Either HPTE has grounds for termination of the Concession Agreement which the Lead Authority is aware (having made reasonable enquiry and whether or not continuing existed at the Step-In Date); or 6.1.3 arising solely in relation to the Contractor, unless, in the case of Clause 6.1.2 above: (Ai) in respect of the Works the grounds that arose prior to the relevant Planned Waste Management Facility Operation Date, Full Services Commencement Date and construction the Full Services Commencement Date is not completed achieved on or before the date falling 12 six (6) months after the date on which the Lead Authority HPTE would have been entitled to terminate the Contract Concession Agreement for non-completionfailure to achieve Full Service Commencement Date by the Full Service Commencement Long Stop Date; or (Bii) in respect of that arose after the Full Services the grounds arose during the Services Period, Commencement Date and neither the Appointed Representative nor the Contractor Concessionaire is using all commercially reasonable endeavours efforts (including implementation of any remedial programmeprogram) to remedy any breach of the Contract Concession Agreement that: (1) arose prior to the Step-in –In Date; (2) is continuing (and capable of remedy); and (3) but for this Agreement, would have entitled the Lead Authority HPTE to terminate the Contract. 6.2 The Lead Authority shall be entitled to terminate the Contract by written notice to the Contractor and the Appointed RepresentativeConcession Agreement; 6.2.1 if (b) If any amount referred to in Clause 3.1.2 (A) monetary default of the Concessionaire has not been paid to the Authority cured on or before the Step-–In Date; 6.2.2 if any amount referred to in Clause 3.1.2 (Bc) has not been paid on or before the last day of the Required Period; 6.2.3 if If amounts, of which the Lead Authority HPTE was not aware (having made reasonable enquiry)at inquiry) at the time of the DA Termination Notice or the FA Event of Default, subsequently become due and payable and are not discharged on or before the earlier of: (i) The date falling 30 days thirty (30) Business Days after the date on which the liability for these amounts is notified to the [Agent]Security Trustee; (ii) The date falling twenty (20) Business Days after the date on which the liability for these amounts falls due; and (iii) The last day of the Required Period; or 6.2.4 on (d) On grounds for termination arising after the Step-–In Date in accordance with the terms of the Contract Concession Agreement provided that that, subject to paragraph 7, for the purposes only of termination under the Contract Concession Agreement (and without prejudice to the rights of HPTE to receive the Noncompliance Revenue Share), Warning Notices, Default Notices, Unavailability Deductions Notices and Performance Deductions Final Warning Notices that arose prior to the Step-In Date shall not be taken into account during the Step-In Period but shall be taken into account after the Step-Out DateDate if no Suitable Substitute Concessionaire has been appointed. 6.3 The Lead Authority shall deal with the Appointed Representative and not the Contractor during the Step-In Period and with effect from the Step-In Date, the Appointed Representative shall, during the Step-In Period have the benefit of any and all of the Councils obligations to the Contractor under Contract.

STEP-IN PERIOD. 6.1 (a) Without prejudice to Clause 3 4 (Notice of Termination and Existing Liabilities), but subject to Clause 6.2 6(b) below, the Lead Authority shall not terminate the Contract during the Step-In Period on grounds: 6.1.1 (i) that the [Agent] Agent has taken any action referred to in Clause 5 (Representative) or enforced any Security Document(s); or 6.1.2 (ii) arising prior to the Step-In Date of which the Lead Authority is aware (having made reasonable enquiry and whether or not continuing at the Step-In Date); or 6.1.3 (iii) arising solely in relation to the Contractor, unless, in the case of Clause 6.1.2 6(a)(ii) above: (A) in respect of the Works the grounds arose prior to within the relevant Planned Waste Management Facility Operation first two years of the Effective Date, and construction is all the Services are not completed Taken On on or before the date falling 12 months after the date on which the Lead Authority would could have been entitled to terminate the Contract for non-completionunder Clause 51.1.10 of the Contract other than where the Appointed Representative and the Contractor are using all reasonable endeavours to implement the Remedial Programme; or (B) in respect of the Services the grounds arose during after the Services Perioddate falling two years after the Effective Date, and neither the Appointed Representative nor the Contractor is using all reasonable endeavours (including implementation of any remedial programmethe Remedial Programme) to remedy any breach of the Contract that: (1) arose prior to the Step-in In Date;; and (2) is continuing (and capable of remedy); and (3) would have entitled the Lead Authority to terminate the Contract, and for the avoidance of doubt the Appointed Representative and the Contractor shall, by implementing the Remedial Programme, be deemed to be using all reasonable endeavours to remedy the breach in question. 6.2 The Lead (b) During the Step-In Period the Authority shall be entitled to terminate the Contract by written notice to the Contractor and the Appointed Representative;: 6.2.1 (i) if any amount referred to in Clause 3.1.2 (A4(a)(ii)(1) or 4(b) above has not been paid to the Authority on or before the Step-In Date; 6.2.2 (ii) if any amount referred to in Clause 3.1.2 (B4(a)(ii)(2) has not been paid on or before the last day of the Required Period; 6.2.3 (iii) if amounts, of which the Lead Authority was not aware (having made reasonable enquiry)at enquiry) at the time of the Termination Notice or the Event of DefaultDefault Notice, subsequently become due and payable and are not discharged on or before the date falling 30 days after the date on which the liability for these amounts is notified to the [Agent]; or 6.2.4 (iv) on grounds arising after the Step-In Date in accordance with the terms of the Contract provided that for the purposes of termination under the Contract Warning NoticesContract, Default Notices, Unavailability Deductions and Performance Deductions Service Credits that arose prior to the Step-In Date shall not be taken into account during the Step-In Period but shall be taken into account after the Step-Out DateDate (to the extent not then waived, expired or expunged through effluxion of time in accordance with the Contract), and the Authority shall not otherwise be entitled to terminate the Contract during the Step- In Period. 6.3 (c) The Lead Authority shall deal with the Appointed Representative and not the Contractor during the Step-In Period and with Period. With effect from the Step-In Date, the Appointed Representative shall, during the Step-In Period have the benefit of of, and shall be entitled to enforce against the Authority, any and all of the Councils Authority's obligations to the Contractor under the Contract.

STEP-IN PERIOD. 6.1 Without prejudice to Clause 3 (Notice of Termination and Existing Liabilities) but subject to Clause 6.2 below6.2, the Lead Authority shall not terminate the Contract during the Step-–In Period on grounds: 6.1.1 that the [Agent] Security Trustee has taken any action referred to in Clause 5 (Representative) or enforced any Security Document(s)Document; or 6.1.2 arising on or prior to the Step-–In Date of which the Lead Authority is aware (having made reasonable enquiry and whether or not continuing at the Step-–In Date); or 6.1.3 arising solely in relation to the ContractorService Provider, unless, in the case of Clause 6.1.2 above: (A) in respect of the Works 6.1.4 the grounds arose prior to the relevant Planned Waste Management Facility Operation Date, completion of the Core Investment Programme (and construction is were not completed on Service Related Grounds) and either: (a) three (3) or before more Milestone Default Termination Points accrue concurrently during the date falling 12 months after Step-in Period pursuant to Clause 12.10 of the date on which the Lead Authority would have been entitled to terminate the Contract for non-completionContract; or (Bb) any Milestones in respect of which a Milestone Default Termination Point has accrued before the Services Step-in Date pursuant to Clause 12.10 of the Contract have not been completed by the date that is twelve (12) months after the Step-in Date. 6.1.5 the grounds arose during after the Services Period, completion of the Core Investment Programme (or were Service Related Grounds arising at any point on or after the Service Commencement Date) and neither the Appointed Representative nor the Contractor Service Provider is using all reasonable endeavours (including implementation of any remedial programme) to remedy any breach of the Contract that: (1a) arose prior to the Step-in –In Date;; and (2b) is continuing (and capable of remedy); and (3c) would have entitled the Lead Authority to terminate the Contract. 6.2 The Lead Authority shall be entitled to terminate the Contract by written notice to the Contractor Service Provider and the Appointed Representative: 6.2.1 if permitted by Clause 6.1; 6.2.1 6.2.2 if any amount referred to in Clause 3.1.2 3.1.2(a) (ANotice of Termination and Existing Liabilities) has not been paid to the Authority on or before the Step-–In Date; 6.2.2 6.2.3 if any amount referred to in Clause 3.1.2 3.1.2(b) (BNotice of Termination and Existing Liabilities) has not been paid on or before the last day of the Required Period; 6.2.3 6.2.4 if amounts, of which the Lead Authority was not aware (having made reasonable enquiry)at enquiry) at the time of the Termination Notice or the Event of Default, subsequently become due and payable and are not discharged on or before the later of: (a) the date falling 30 days twenty (20) Business Days after the date on which the liability for these amounts is notified to the [Agent]Security Trustee; (b) the date falling twenty (20) Business Days after the date on which the liability for these amounts falls due; and (c) the last day of the Required Period; or 6.2.4 6.2.5 on grounds arising after the Step-–In Date in accordance with the terms of the Contract provided that that, subject to Clause 7.3 (Step-Out), for the purposes only of termination under the Contract (and without prejudice to the rights of the Authority to make financial deductions) any Milestone Default Termination Points, Service Default Termination Points, Adjustments, Warning Notices, Default Notices, Unavailability Deductions and Performance Deductions Notices and/or Final Warning Notices issued pursuant to Clause 41.8 (Persistent Breach) of the Contract and/or Final Warning Notices that arose prior to the Step-In Date shall not be taken into account during the Step-In Period but shall be taken into account after the Step-Step- Out Date. 6.3 The Lead Authority shall deal with the Appointed Representative and not the Contractor Service Provider during the Step-–In Period and with effect from the Step-In Date, the Appointed Representative shall, during the Step-In Period have the benefit of any and all of the Councils obligations to the Contractor under ContractPeriod.

STEP-IN PERIOD. 6.1 Without prejudice to 14.1. Notwithstanding Clause 3 but subject to Clause 6.2 below7, the Lead Public Authority shall not may terminate the Contract during the Step-In Period on groundsProject Agreement if: 6.1.1 that the [Agent] has taken any action referred to in Clause 5 or enforced any Security Document(s); or 6.1.2 arising prior to the Step-In Date of which the Lead Authority is aware (having made reasonable enquiry and whether or not continuing at the Step-In Date); or 6.1.3 arising solely in relation to the Contractor, unless, in the case of Clause 6.1.2 above: (A) in respect of the Works the grounds arose prior to the relevant Planned Waste Management Facility Operation Date, and construction is not completed on or before the date falling 12 months after the date on which the Lead Authority would have been entitled to terminate the Contract for non-completion; or (B) in respect of the Services the grounds arose during the Services Period, and neither the Appointed Representative nor the Contractor is using all reasonable endeavours (including implementation of any remedial programme) to remedy any breach of the Contract that: (1) arose prior to the Step-in Date; (2) is continuing (and capable of remedy); and (3) would have entitled the Lead Authority to terminate the Contract. 6.2 The Lead Authority shall be entitled to terminate the Contract by written notice to the Contractor and the Appointed Representative; 6.2.1 if 14.1.1. any amount referred to in Clause 3.1.2 (A) 7.2.3 above has not been paid to the Public Authority on or before the Step-In Date;; or 6.2.2 if 14.1.2. any amount referred to in Clause 3.1.2 (B) 7.2.5 has not been paid on or before the last day of the Required Notice Period; 6.2.3 if amounts, 14.1.3. amounts of which the Lead Public Authority was not aware (having made reasonable enquiry)at proper enquiry) at the time of the Termination Notice or the Event of DefaultPublic Authority Notice, subsequently become due and payable to the Public Authority and are not discharged on or before the date falling 30 days 20 Business Days after the date on which the liability of Project Company for these amounts is notified to the [Agent]Agent or if later the Step-In Date; or 6.2.4 on 14.1.4. grounds arising arise after the Step-In Date in accordance with the terms of the Contract Project Agreement provided that for the purposes of termination under the Contract Warning Notices, Default Notices, Unavailability Deductions and Performance Deductions Points that arose pursuant to schedules [●] (Public Authority’s Services Requirements and Payment Mechanism) to the Project Agreement prior to the Step-In Date shall not be taken into account during the Step-In Period but such Performance Points (to the extent applicable under the terms of the Project Agreement) shall be taken into account after the Step-Out Date. 6.3 14.2. The Lead Public Authority shall deal with not terminate the Appointed Representative and not the Contractor Project Agreement during the Step-In Period on grounds: 14.2.1. that the Agent has served a Step-In Notice or enforced any Security Document; or 14.2.2. arising prior to the Step-In Date of which Public Authority was aware (having made proper enquiry) and with effect from whether or not continuing at the Step-In Date unless: (A) the grounds arose prior to the [Project Operation Date], and the [Project Operation Date] does not occur on or before the date 180 Days after the date on which Public Authority would have been entitled to terminate the Project Agreement for non-completion of the Works under clause [Project Company default] of the Project Agreement; or (B) the grounds arose after the [Project Operation Date], and neither the Appointed Representative nor Project Company is using all reasonable endeavours (including implementation of any remedial programme) to remedy any breach of the Project Agreement that: (1) arose prior to the Step-In Date, ; (2) which is continuing (and capable of remedy); (3) which would have entitled Public Authority to terminate the Appointed Representative shall, during Project Agreement; or (C) the grounds (whenever they first arose) did not give rise to any right to terminate until after the Step-In Period have the benefit of any and all of the Councils obligations Notice; or 14.2.3. arising solely in relation to the Contractor under ContractProject Company.

STEP-IN PERIOD. 6.1 Without prejudice to Clause clause 3 (Notice of Termination and Existing Liabilities) but subject to Clause 6.2 belowclause 6.2, the Lead Authority TfL shall not terminate the Contract Project Agreement during the a Step-–In Period on grounds: 6.1.1 (a) that the [Agent] Security Trustee has taken any action referred to in Clause clause 5 (Representative) or enforced any Security Document(s)Document; or 6.1.2 (b) arising on or prior to the Step-–In Date of which the Lead Authority TfL is aware (having made reasonable enquiry and whether or not continuing at the Step-–In Date); or 6.1.3 (c) arising solely in relation to the ContractorProject Co, unless, in the case of Clause 6.1.2 above:clause 6.1(b): (Ai) in respect of the Works the grounds arose prior to the relevant Planned Waste Management Facility Operation Date, Permit to Use Date and construction is the Permit to Use Requirements are not completed met on or before the date falling 12 twelve (12) months after the date on which the Lead Authority TfL would have been entitled to terminate the Contract Project Agreement for non-completionfailing to secure the issue of the Permit to Use by the Longstop Permit to Use Date; or (Bii) in respect of the Services the grounds arose during on or after the Services Period, Permit to Use Date and neither the Appointed Representative nor the Contractor Project Co is using all reasonable endeavours (including implementation of any remedial programme) to remedy any breach of the Contract Project Agreement that: (1A) arose prior to the Step-in –In Date;; and (2B) is continuing (and capable of remedy); and (3C) would have entitled the Lead Authority TfL to terminate the ContractProject Agreement. 6.2 The Lead Authority TfL shall be entitled to terminate the Contract Project Agreement by written notice to the Contractor Project Co and the Appointed Representative: (a) if permitted by clause 6.1; 6.2.1 (b) if any amount referred to in Clause 3.1.2 (Aclause 3.1(b)(i) has not been paid to the Authority TfL on or before the Step-–In Date; 6.2.2 (c) if any amount referred to in Clause 3.1.2 (Bclause 3.1(b)(ii) has not been paid on or before the last day of the relevant Required Period; 6.2.3 (d) if amounts, of which the Lead Authority TfL was not aware (having made reasonable enquiry)at enquiry) at the time of the Termination Notice or the Event of Default, subsequently become due and payable and are not discharged on or before the later of: (i) the date falling 30 days twenty (20) Working Days after the date on which the liability for these amounts is notified to the [Agent]Security Trustee; (ii) the date falling twenty (20) Working Days after the date on which the liability for these amounts falls due; and (iii) the last day of the relevant Required Period; or 6.2.4 (e) on grounds arising after the Step-–In Date in accordance with the terms of the Contract Project Agreement provided that that, subject to clause 7.3, for the purposes only of termination under the Contract Project Agreement (and without prejudice to the rights of TfL to make Deductions): (i) Deductions, Persistent Breach Warning Notices, Default Notices, Unavailability Deductions Notices and Performance Deductions Final Persistent Breach Warning Notices that arose prior to the Step-In Date shall not be taken into account during the relevant Step-In Period but shall be taken into account after the relevant Step-Out Date; and (ii) Ramping Factors being applied at the Step-In Date shall be suspended during the relevant Step-In Period but shall be re-applied with effect from the relevant Step-Out Date. 6.3 The Lead Authority TfL shall deal with the Appointed Representative and not the Contractor Project Co during the any Step-–In Period and with effect from the Step-In Date, the Appointed Representative shall, during the Step-In Period have the benefit of any and all of the Councils obligations to the Contractor under ContractPeriod.

STEP-IN PERIOD. 6.1 Without prejudice to Notwithstanding Clause 3 but subject to Clause 6.2 below5, the Lead Authority shall not CoT may terminate the Contract PPP Agreement by written notice to the Private Party (copied to the Agent and the Appointed Representative) if: during the Step-In Period on grounds: 6.1.1 that the [Agent] has taken any action referred to in Clause 5 or enforced any Security Document(s)Private Party is placed under final liquidation; or 6.1.2 arising prior to the Step-In Date of which the Lead Authority is aware (having made reasonable enquiry and whether or not continuing at the Step-In Date); or 6.1.3 arising solely in relation to the Contractor, unless, in the case of Clause 6.1.2 above: (A) in respect of the Works the grounds arose prior to the relevant Planned Waste Management Facility Operation Date, and construction is not completed on or before the date falling 12 months after the date on which the Lead Authority would have been entitled to terminate the Contract for non-completion; or (B) in respect of the Services the grounds arose during the Services Period, and neither the Appointed Representative nor the Contractor is using all reasonable endeavours (including implementation of any remedial programme) to remedy any breach of the Contract that: (1) arose prior to the Step-in Date; (2) is continuing (and capable of remedy); and (3) would have entitled the Lead Authority to terminate the Contract. 6.2 The Lead Authority shall be entitled to terminate the Contract by written notice to the Contractor and the Appointed Representative; 6.2.1 if any amount referred to in Clause 3.1.2 (A7.6.1(a) above has not been paid to the Authority CoT on or before the Step-In Date; 6.2.2 if any ; during the Step-In Period amounts, not exceeding in aggregate R2 000 000.00 (two million Rand) over and above the amount referred to stated in Clause 3.1.2 (B) has not been paid on or before the last day Notice of the Required Period; 6.2.3 if amountsExisting Liabilities, of which the Lead Authority CoT was not aware (having made reasonable enquiry)at proper enquiry) at the time of the Termination Notice or the Event of DefaultExisting Liabilities, subsequently become due and payable by the Private Party and are not discharged on or before the date falling 30 days 15 (fifteen) Business Days after the date on which the liability for these amounts is notified to the [Agent]; or 6.2.4 if a Private Party Event of Default occurs on grounds arising after the Step-In Date in accordance with the terms of the Contract provided that for the purposes of termination under the Contract Warning Notices, Default Notices, Unavailability Deductions and Performance Deductions that arose prior to the Step-In Date (other than the ones contained in the Termination Notice) and any of the conditions referred to in Clauses 9.2.2(a) and 9.2.2(b) prevail; for any Private Party Event of Default arising after the Step-in-Date provided that any Penalty Deductions that accrued prior to the Step-in-Date shall not be taken into account during for the Step-In Period purposes of termination, but shall be taken into account for such purposes after the Step-Out out-Date. 6.3 The Lead Authority shall deal ; and in accordance with the Appointed Representative and provisions of the PPP Agreement where applicable. The CoT shall not terminate the Contractor PPP Agreement for Private Party Event of Default during the Step-In Period and with effect from Period, on grounds: that the Agent has served a Step-In Notice pursuant to Clause 8.1.1 or enforced any Security Document; or arising prior to the Step-In Date, Date (which are not the Appointed Representative shall, during basis or grounds for the Termination Notice) of which the CoT was aware (having made proper enquiry) and whether or not continuing at the Step-In Period have Date (such grounds to include without limitation any Warning Notices issued) unless: the benefit grounds arose prior to the Service Commencement Date, and the Works are not completed on or before the date which is 3 months after the Step-in Date; or the grounds arose after the Service Commencement Date, and neither the Appointed Representative nor the Private Party is using all reasonable endeavours (including implementation of any and all Remedy Programme applicable to such breach) to remedy any Private Party Event of the Councils obligations to the Contractor under Contract.Default that: