44.4 Where Project Co puts forward a programme in accordance with Clause 44.3(b)(ii), the Board shall have twenty (20) Business Days from receipt of the same within which to notify Project Co (acting reasonably) that it does not accept the programme, failing which the Board shall be deemed to have accepted the programme. Where the Board notifies Project Co that it does not accept the programme as being reasonable, the parties shall endeavour within the following five (5) Business Days to agree any necessary amendments to the programme put forward. In the absence of agreement within five (5) Business Days, the question of whether the programme (as the same may have been amended by agreement) will remedy the Project Co Event of Default in a reasonable manner and within a reasonable time period (and, if not, what would be a reasonable programme) may be referred by either party for resolution in accordance with Part 26 of the Schedule (Dispute Resolution Procedure).
44.5 If:
(a) the Project Co Event of Default notified in a notice of default served under Clause 44.3(b) is not remedied before the expiry of the period referred to in Clause 44.3(b)(i); or
(b) where Project Co puts forward a programme pursuant to Clause 44.3(b)(ii) which has been accepted by the Board or has been determined to be reasonable and Project Co fails to achieve any element of the programme or the end date for the programme (as the case may be); or
(c) any programme put forward by Project Co pursuant to Clause 44.3(b)(ii) is rejected by the Board as not being reasonable, and the Dispute Resolution Procedure does not find against that rejection,
then the Board may terminate this Agreement in its entirety by written notice to Project Co with immediate effect. Provided that for the purposes of Clause 44.5(b) if Project Co's performance of the programme is adversely affected by the occurrence of Force Majeure, a Relief Event or an Excusing Cause then, subject to Project Co complying with the mitigation and other requirements in this Agreement concerning Force Majeure, a Relief Event or an Excusing Cause (as the case may be), the time for performance of the programme or any relevant element of it shall be deemed to be extended by a period equal to the delay caused by Force Majeure, the Relief Event or the Excusing Cause (as the case may be) which is agreed by the parties or determined in accordance with Part 26 of the Schedule (Dispute Resolution Procedure).