2.  [Compensation on a Board Break Point Date

2.1  On termination under Clause 46.3(b), the Board shall pay Project Co in accordance with [Section E of this Part 23 of the Schedule], an amount equal to the amount payable in accordance with Paragraph 1 of this Section A of this Part 23 of the Schedule, save that in calculating such amount, the amount specified in Paragraph 1.2(c) of this Section A shall be substituted by:

[(A)  in the case of termination on the first Board Break Point Date,] £[          ]; [or]

(B)  [in the case of termination on the second Board Break Point Date, £[          ]; ]185




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185  In addition to a general right to terminate at any time, a Board may consider whether it would be beneficial to have the option to terminate the Agreement on specified dates ("Board Break Point Dates") for a specified compensation amount for equity and Junior Debt.  Any Health Board wishing to include this drafting must consult the Scottish Government Health Directorates.