Outline Construction Contractor Direct Agreement Page 14
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20thereunder) during the period expiring [20] Working Days after the
issue of the Proposed Novation Notice; and
(B)
pursuant to Clause 4.2.2, the Construction Contractor shall not be
entitled to terminate the Construction Contract (or its employment
thereunder) on or before the Step-In-Date as provided for in
Clause 4.2.2.
4.7.2 After the Effective Novation Date the Construction Contractor shall only be
entitled to exercise its rights of termination under the Construction Contract in
respect of any event arising after that date (and for the purposes of this Clause,
where an act or omission giving rise to the commencement of such remedy
period occurs prior to the Effective Novation Date and remains unremedied by
the Effective Novation Date, the said act or omission shall be deemed to be an
event arising after the Effective Novation Date but the remedy period in
relation thereto shall be deemed to commence on the Effective Novation
Date).
4.7.3 After the Effective Novation Date the Substitute shall only be entitled to
exercise its rights of termination under the Construction Contract in respect of
any event arising after that date (and for the purposes of this Clause, where an
act or omission giving rise to the commencement of such remedy period
occurs prior to the Effective Novation Date and remains unremedied by the
Effective Novation Date, the said act or omission shall be deemed to be an
event arising after the Effective Novation Date and the remedy period in
relation thereto shall be deemed to commence on the Effective Novation Date
and shall be extended by a further period of [60] days).
4.8
Continuation of Step-In Period
Service of a Proposed Novation Notice during the Step-In Period and the Construction
Contractor’s refusal to consent to that Proposed Novation Notice shall not affect the
duration of the Step-In Period.
4.9
Continuing discussions
If there shall have been no Step-Out Date or Effective Novation Date and the Step-In
Period shall not have been terminated under Clause 3.7 and as at the date for expiry of
the Step-In Period:
4.9.1 the Lead Authority shall be in the course of conducting active discussions in
good faith with a Proposed Substitute, then the Step-In Period shall not expire
but shall continue until a date agreed by the Construction Contractor, provided
that the Effective Novation Date shall not be later than [35] Working Days
after the date on which the Step-In Period would otherwise expire; or
4.9.2 contracts have been exchanged with a Proposed Substitute to act as a
replacement project company then the Step-In Period shall not expire but shall
continue until the date such contracts are completed, provided that such date
shall not be later than [35] Working Days after the date on which the Step-In
Period would otherwise expire.
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