7A.1 Project Co shall:
(a) subject to its obligations under this Agreement, carry out the Project Operations on sound commercial principles so as to generate the maximum achievable sustainable Surpluses; and
(b) subject to Clause 7A.2, make Charitable Donations equal to the Surplus (if any) within [30] Business Days of [#]14
7A.2 If no Charity is in existence at that date, Project Co shall hold the Surplus in a separate account and make a Charitable Donation within 30 days of Project Co becoming aware that a Charity exists. If no Charity is in existence at the date of the winding up of Project Co, and a Surplus exists at that date, Project Co shall pay the Surplus to a charity registered in Scotland as its board of directors considers fit.
7A.3 Project Co shall comply with the NPD Requirements at all times throughout the Project Term.
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14 Boards should consider the frequency with which Charitable Donations should be made. For example, Boards may wish such payments to be made at the end of each Contract Year, or to align payments with debt repayments (e.g. on a six-monthly basis).