3.3.1 In many projects the effects of late Service Commencement can be handled through the payment mechanism (see Section 7 (Price and Payment Mechanism)). In some cases, however, there will be a critical date beyond which the adverse consequences of non-provision of the Service are greatly magnified (see Section 4 (Protections Against Late Service Commencement)). Where failure to provide the Service by a critical date would be unacceptable, the Authority must develop a contingency plan (and this could be implemented at the Contractor's expense, for example temporary classrooms at a school).
3.3.2 As a last resort, the Authority would usually expect to have the ability to terminate the Contract (subject to the step-in rights of the Senior Lenders) so that it can use another Contractor (see Section 21 (Early Termination)). In Section 21.2.2.1 (Events Leading to Termination), paragraphs (j) and (k) of the definition of Contractor Default give the Authority the right to terminate during the construction or development period. Section 21.2 (Termination on Contractor Default) makes it clear that termination for failure to achieve a milestone during that period is not recommended.