7.1 Notwithstanding paragraph 3 above, the Board may terminate the Project Agreement if:
7.1.1 any amount referred to in paragraph 3.2.2(a) above has not been paid to the Board on or before the Step-In Date; or
7.1.2 any amount referred to in paragraph 3.2.2(b) above has not been paid on or before the last day of the Required Period;
7.1.3 amounts, of which the Board was not aware (having made proper enquiry) at the time of the Termination Notice, subsequently become payable and are not discharged on or before the date falling twenty (20) Business Days after the date on which the liability of Project Co for these amounts is notified to the Agent or if later the Step-In Date; or
7.1.4 grounds arise after the Step-In Date in accordance with the terms of the Project Agreement provided that Service Failure Points and/or Warning Notices that arose pursuant to Part 18 of the Schedule to the Project Agreement (Payment Mechanism) prior to the Step-In Date shall not be taken into account during the Step-In Period but such Service Failure Points and/or Warning Notices (to the extent applicable under the terms of the Project Agreement) shall be taken into account after the Step-Out Date.
7.2 The Board shall not terminate the Project Agreement during the Step-In Period on grounds:
7.2.1 that the Agent has served a Step-In Notice or enforced any Security Document; or
7.2.2 arising prior to the Step-In Date of which the Board was aware (having made proper enquiry) and whether or not continuing at the Step-In Date unless:
(1) the grounds arose prior to the Actual Completion Date, and the Actual Completion Date does not occur on or before the date twelve (12) months after the date on which the Board would have been entitled to terminate the Project Agreement for non-completion of the Works under Clause 44.1(b) (Project Co Events of Default) of the Project Agreement; or
(2) the grounds arose after the Actual Completion Date, and neither the Appointed Representative nor Project Co is using all reasonable endeavours (including implementation of any remedial programme) to remedy any breach of the Project Agreement that:
(a) arose prior to the Step-In Date; and
(b) which is continuing (and capable of remedy); and
(c) which would have entitled the Board to terminate the Project Agreement; or
(1) the grounds (whenever they first arose) did not give rise to any right to terminate until after the Step-In Notice; or
7.2.3 arising solely in relation to Project Co