78.3  Failure to Issue a Certificate

If a certificate is not issued by the Authority pursuant to clause 78.2 (Contractor's Consent) within [six] [(6)] weeks of the date of this Agreement then the Contractor shall be entitled by giving notice in writing to the Authority within [five] [(5)] Business Days of the Authority failing to issue such a certificate to terminate this Agreement, whereupon the Authority shall pay to the Contractor an amount equal to the compensation that would be payable in accordance with clause 44 (Compensation on Termination for Authority Default/Voluntary Termination/Termination on an Authority Break Point Date) and on termination for Authority Default pursuant to clause 37.3 (Termination on Authority Default).