The project agreement will provide that:
(a) if the private party has not been able to grant the licence under section 37.2 for use of third party IP rights beyond the expiry or earlier termination of the project agreement, the private party will procure a novation of any IP licences from those third parties to government and that the private party will be obliged to ensure that the IP licences it obtains for the benefit of government make provision for this; or
(b) if the requirements in paragraph (a) prove impossible, the private party must secure government's right to obtain those licences at commercial rates.
These obligations survive expiry or earlier termination of the project agreement in the same manner as in section 37.5.