26.2.3  Default Termination or Force Majeure Compensation Amount

In some jurisdictions, where the Force Majeure Compensation Amount is less than the Default Termination Compensation Amount which would have been payable had termination (and the relevant loss or damage to the project) occurred as a result of a private party default, rather than a Force Majeure Event, then government will pay the Default Termination Compensation Amount instead of the Force Majeure Compensation Amount.

In other jurisdictions, where those circumstances arise, government may elect to pay the Default Termination Compensation Amount instead of the Force Majeure Compensation Amount where equity is not paid out as a result of a Force Majeure Termination Event.