45.1 If Project Co breaches Clause 36 (Payment of Surpluses and Compliance with NPD Requirements) then the Authority may terminate this Agreement, at any time within 18 months of becoming aware of such breach, in accordance with Clause 45.2 below. The Authority shall inform Project Co of the occurrence of any such breach as soon as reasonably practicable after becoming aware of the breach, provided that failure by the Authority to so inform Project Co shall not constitute a breach of this Agreement by the Authority and shall not prejudice the exercise of its rights under Clause 45.2.