During or in respect of the Step-in Period, the Service Provider confirms to the Board that it shall continue to observe and perform its duties and obligations under the Service Contract and shall, without prejudice to Clause 5.1, only be entitled to exercise its rights of termination under the Service Contract:
3.3.1 by reference to an Event of Project Co Default arising during the Step-in Period provided that no event of default by Project Co under the Project Agreement (whether resulting in termination of the Project Agreement or otherwise, and notwithstanding that it has occurred during the Step-in Period) shall entitle the Service Provider to exercise such rights of termination during the Step-in Period; or
3.3.2 if the Board fails to pay when due any amount owed to the Service Provider or fails to perform or discharge when falling due for performance or discharge any obligation under the Step-in Undertaking or fails to procure such payment or performance or discharge; or
3.3.3 if such rights of termination arise in circumstances where there is no default under the Service Contract by the Board or the Service Provider.