27.1.2  Extent of rights in a Step-in situation

(a)  On the occurrence of any of the events identified in section 27.1.1, government may elect to:

(i)  temporarily assume total or partial possession, management and control of the facility and the provision of the services; and

(ii)  take such other steps as are necessary or desirable to continue the provision of the services and to minimise the risk to the environment, the public or users of the facility, or of material damage to public or private property,

("Step-in Rights").

(b)  As an alternative to exercising its Step-in Rights, in some circumstances government may require the private party to:

(i)  immediately perform any Contracted Service in respect of which the private party is in breach where the Step-in Rights are exercised due to an Event of Default or Default Termination Event;

(ii)  do all that it can do to procure additional or alternative Contracted Services; or

(iii)  suspend performance of the Contracted Services to ensure the event is dealt with and normal operation of the facility resumes as soon as is reasonably practicable.

(c)  Such rights are in addition to the Step-In Rights listed above, but should generally be treated analogously to Step-in Rights under the project agreement.