36  PAYMENT OF SURPLUSES AND COMPLIANCE WITH NPD REQUIREMENTS

Project Co shall:

36.1  subject to the provisos, obligations and restrictions referred to in Article [3.1.2] of the Articles of Association and the right to postpone payments referred to in Article [3.2] of the Articles of Association, pay to the Authority (or to such other party as the Authority may, in its absolute discretion direct), within 30 Business Days of each Surplus Payment Date, the Surplus available as at the relevant Surplus Payment Date as a rebate of the Monthly Service Payments for the Contract Year most recently ended prior to the relevant Surplus Payment Date; and

36.2  comply with the NPD Requirements at all times throughout the Project Term.