Following termination for Board Default, Force Majeure or Corrupt Gifts or Fraud.
1.1 In respect of the termination payments to be made pursuant to any of Sections A, C or D of this Part 23 of the Schedule, as soon as practicable after, and in any event within twenty (20) Business Days of, the Termination Date Project Co shall give to the Board an invoice for the relevant termination sum and sufficient supporting evidence, reasonably satisfactory to the Board, justifying the amount of the relevant termination sum including a breakdown of each of the individual elements of such sum.
1.2 Subject to paragraph 1.3 below, the Board shall pay to Project Co:
(a) the relevant termination sum within forty (40) Business Days of the Invoice Date; and
(b) interest on the relevant termination sum (or any part of such sum that remains outstanding) from the Termination Date until the date of payment:
(i) at the No Default Interest Rate for the period from (but excluding) the Termination Date to (and including) the date which is forty (40) Business Days after the Invoice Date; and
(ii) thereafter, at the Default Interest Rate.
1.3 The Board shall be entitled to pay the Force Majeure Termination Sum in [4] equal instalments by serving notice on Project Co within thirty (30) Business Days of the Invoice Date, in which case the provisions of paragraph 1.4 shall apply.191
1.4 In the event that the Board elects to pay the Force Majeure Termination Sum in instalments pursuant to paragraph 1.3 then:
(a) the first such instalment (together with interest thereon calculated pursuant to 0 below) shall be due on the first Business Day occurring six (6) months after the date of the Board's notice served pursuant to paragraph 1.3 above and the remaining instalments (together with interest therein calculated pursuant to (b) below) shall be due, respectively, on the first Business Day occurring twelve (12), eighteen (18) and twenty-four (24) months after the date of such notice; and
(b) the Board shall pay interest on the Force Majeure Termination Sum (or any part of such sum that remains outstanding) from the Termination Date until the date of payment at the No Default Interest Rate.
(c) if the Board fails to make a payment under paragraph (a) or (b) above in full within ten (10) Business Days of the due date for payment, or an Adverse Law or a Proposal for an Adverse Law is made then the outstanding amount of the Force Majeure Termination Sum shall be immediately due and payable and, thereafter, the Board shall pay interest on such sum at the Default Interest Rate.
__________________________________________________________________________________
191 Where the Board elects to pay in instalments interest shall be calculated on outstanding amounts at a rate between the gilt rate and the senior debt rate