22.2.1  Direction

Where the facility has been materially damaged or destroyed, government may direct the private party not to reinstate or repair the relevant damage and may then also terminate the project agreement.  

It is envisaged that a monetary threshold will be agreed on a project-specific basis, above which the facility will be deemed to be materially damaged or destroyed. In addition, government will consider limiting its ability to exercise this right to a limited period before contract expiry.