Common use of Termination Grounds Clause in Contracts

Termination Grounds. For the purposes of this Deed, each of the circumstances set out in clauses 6.3 (a) to (d) comprise Termination Grounds: (a) where a Default Event: (i) is capable of remedy within 20 Business Days after the date on which the Crown received the relevant Major Sub-contractor Notice (including by the payment of any sum); or (ii) is not capable of remedy and the Default Event Notice contains a Claim for reasonable compensation for the Default Event, and that Default Event has not been cured or remedied, or the compensation sum referred to in clause 6.3(a) paid, within 20 Business Days after the date on which the Crown received the Major Sub-contractor Notice; (b) where a Default Event is not capable of remedy within 20 Business Days but is nevertheless reasonably capable of remedy, if the Crown (or an Additional Obligor appointed under clause 8 (Step-in by the Crown)) has not commenced remedying that Default Event within 20 Business Days after the date on which the Crown received the Major Sub-contractor Notice or has not continued to diligently pursue that remedy following the expiry of that 20 Business Day period; (c) where: (i) the Default Event is not reasonably capable of remedy; and (ii) the Default Event Notice does not contain a Claim for reasonable compensation for the relevant Default Event, the Crown (or an Additional Obligor) does not commence and continue to perform the Contractor's obligations under the Major Sub-contract within 20 Business Days (or such longer period as is permitted under the Major Sub-contract) after the date on which the Crown received the Major Sub-contractor Notice; or (d) the Crown notifies the Major Sub-contractor in writing that it elects not to remedy (or procure the remedy of) the relevant Default Event and not to perform the Contractor's obligations under the Major Sub-contract.

Appears in 2 contracts

Sources: Conditions Precedent Agreement, Public Private Partnership Project Agreement