67.1  Rectification

67.1.1  The termination notice must specify:

(a)  the type and nature of Contractor Default that has occurred, giving reasonable details; and

(b)  that in the case of any Contractor Default referred to in limbs (a), (g), (h) and (r) his Contract will terminate on the day falling forty (40)141 Business Days after the date the Contractor receives the termination notice, unless:

(i)  in the case of any Contractor Default falling under limb (a) of the definition of Contractor Default the Contractor puts forward an acceptable rectification programme within twenty (20) Business Days after the date the Contractor receives the termination notice (and implements such programme in accordance with its terms and rectifies the Contractor Default in accordance with the programme); or

(ii)  in the case of any Contractor Default falling within limbs (a), (g), (h) and  (r) of the definition of Contractor Default the Contractor rectifies the Contractor Default within forty (40) Business Days after the date the Contractor receives the termination notice; or

(iii)  in the case of any other Contractor Default (not being limbs (a), (g), (h) and (r)), this Contract will terminate on the date falling twenty (20) Business Days after the date the Contractor receives the termination notice.

67.1.2  If the Contractor either rectifies the Contractor Default within the time period specified in the termination notice, or implements the accepted rectification programme, if applicable, in accordance with its terms, the termination notice will be deemed to be revoked and the Contract will continue.

67.1.3  If:

(a)  in the case of a Contractor Default within limb (a) of the definition of that term no acceptable rectification programme has been put forward pursuant to Clause 67.1.1(b)(i) and the Contractor fails to rectify the Contractor Default within the time period specified in the termination notice; or

(b)  in the case of a Contractor Default within limbs (g), (h) and (r) of the definition of Contractor Default, the Contractor fails to rectify the Contractor Default within the time period specified in the termination notice,

the Authority may give notice stating that the Contract will, subject to the terms of the Direct Agreement, terminate on the date falling ten (10) Business Days after the date of receipt of such notice.142

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141  This will depend on the Project concerned and the breach concerned.

142 See Section 31 (Direct Agreement and Senior Lenders) of SoPC4.