25.  Board Default (Clause 45)

The Contractor has the right to terminate the Contract if the Board:

25.1  materially breaches its contractual obligations (regarding access during construction and operation) so that the Contractor's ability to perform is significantly affected for a continuous period of at least 30 days;

25.2  fails to pay to the Contractor a sum of money in excess of an agreed limit within 30 days; or

25.3  is prevented from performing its obligations due to new discriminatory legislation.

As with Contractor Default (paragraph 24), if the default is rectifiable, the Board must be given an opportunity to rectify the default prior to the Contract being terminated.