Outline Construction Contractor Direct Agreement Page 15
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205.
RIGHTS AND OBLIGATIONS UNDER THE CONSTRUCTION CONTRACT
5.1
Rights of termination
Subject to the provisions of this Agreement (including without limitation Clause 4.9)
if:
5.1.1 no Step-In Undertaking has been given by the Lead Authority by or on the
Step-In Date in the case where a Step-In Notice has been given by the Lead
Authority; or
5.1.2 the Step-In Period ends and no Effective Novation Date has occurred;
the Construction Contractor shall be entitled, pursuant to the terms of the Construction
Contract to terminate the Construction Contract in its entirety by notice to the
Contractor and the Lead Authority having immediate effect.
5.2
Contractor’s obligations to continue
Subject to the terms of the Novation Agreement, the other agreements referred to in
Clause 4.6.2 and the Financier’s Direct Agreement, the Contractor shall continue to
be liable to the Construction Contractor for all of its obligations and liabilities,
whenever occurring under or arising from the Construction Contract which shall not
have been performed notwithstanding:
5.2.1 the giving of a Step-In Notice or Step-In Undertaking or the expiry of the
Step-In Period or release of a Step-In Undertaking; or
5.2.2 the giving of a Proposed Novation Notice; or
5.2.3 any other provision of this Agreement.
5.3
Subsequent novation or assignment
In the event of a novation of the Construction Contract [and Construction Contract
Parent Company Guarantee] coming into effect pursuant to Clause 4.6, the Lead
Authority shall, notwithstanding any other provisions of this Agreement, be entitled to
require that the Construction Contractor [and the Guarantor] to consent to a
subsequent novation or assignment (as the case may be) of such documents to an
alternative Proposed Substitute which is acceptable to the Construction Contractor in
accordance with Clause 4.4 in which event the provisions of Clause 4 shall apply to
such novation or assignment mutatis mutandis, provided that the Lead Authority shall
not be entitled to require any such subsequent novation or assignment after the date on
which the Step-In-Period would have expired if an Effective Novation Date or a Step-
Out-Date had not occurred.
6
NOTICES
6.1
Address
Except as otherwise stated, all notices or other communications required in
connection with this Agreement shall be in writing and sent by hand, by first class
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