3.1  Step-in Notice

3.1.1  If the Authority has terminated the Design Build Finance and Maintain Agreement in accordance with the terms of the Design Build Finance and Maintain Agreement or if the Authority has received a Termination Notice, then subject to the provisions of this Agreement, the Authority may give written notice to the Service Provider (copied to the Security Trustee) (a "Step-in Notice") of the intention of the Authority to issue a Step-in Undertaking on a specified date (the "Proposed Step-in Date") provided that such Proposed Step-in Date shall be:

(a)  no later than [five (5)] Business Days after termination of the Design Build Finance and Maintain Agreement where this has been terminated by the Authority; and

(b)  no earlier than the date falling five (5) Business Days prior to the date of expiry of the Termination Notice and no later than the date of expiry of the Termination Notice where a Termination Notice has been given by the Service Provider.

3.1.2  Unless the Service Provider otherwise consents, only one Step-in Notice may be given during the period of this Agreement. Subject to Clause 5.1 (Rights of Termination) below, the Service Provider shall not be entitled to terminate the Service Contract until after the Proposed Step-in Date.