5.1  Rights of Termination

If:

5.1.1  no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within [fifteen (15)] Business Days after termination of the Project Agreement by the Board; or

5.1.2  a Step-in Undertaking is not issued on the Proposed Step-in Date; or

5.1.3  the Step-in Notice is withdrawn or, pursuant to Clause 3.2.7, deemed to have been withdrawn; or

5.1.4  the Step-in Period ends before the occurrence of the Novation Effective Date; or

5.1.5  in the absence of a Step-in Undertaking, the Service Provider withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with Clause 4.3, and does not subsequently grant consent to a novation in accordance with Clause 4.4 on or before the Proposed Novation Date; or

5.1.6  in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in Clause 4.5 are not performed on the Proposed Novation Date; or

5.1.7  the Service Provider is entitled to terminate the Service Contract under Clause 3.3 or 4.6; or

5.1.8  the Board exercises its right to Step-out under Clause 3.4.1, then on the Step-out Date,

the Service Provider shall be entitled to:

5.1.9  exercise all of its rights under the Service Contract and act upon any and all grounds for termination available to it in relation to the Service Contract whenever occurring; and/or

5.1.10  pursue any and all claims and exercise any and all rights and remedies against Project Co.