3  Notice of Termination and Existing Liabilities

3.1  The Authority shall not terminate or give notice terminating the Project Agreement pursuant to clause 40.4 (Termination on Contractor Default) of the same without giving to the Facility Agent:

(a)  at least the Required Period of prior written notice stating:

(i)  the proposed Termination Date; and

(ii)  the grounds for termination in reasonable detail, and

(b)  not later than the date falling twenty (20) Business Days after the date of a Termination Notice or (if earlier) the date falling twenty (20) Business Days after the date on which the Facility Agent informs the Authority that an Event of Default has occurred, a notice containing details of any amount owed by the Contractor to the Authority and any other existing liabilities or unperformed obligations of which the Authority is aware (having made reasonable enquiry):

(i)  at the time of the Termination Notice or the notification of an Event of Default; and

(ii)  (if relevant) which will fall due on or prior to the end of the Required Period,

under the Project Documents.

3.2  The Authority shall notify the Facility Agent in writing as soon as reasonably practicable of:

(a)  any change in the amounts, liabilities or obligations referred to in clause 3.1(b); and

(b)  any further amounts, liabilities or obligations falling due and payable to the Authority but unpaid or falling due for performance or discharge by the Contractor and unperformed or not discharged (as the case may be),

in each case, of which the Authority is or becomes aware before the earlier of the Step-In Date and (if relevant) the expiry of the Required Period but after the date of a notice given under clause 3.1(b) and, if such details are provided within the last ten (10) Business Days of the Required Period, then the Required Period shall be extended by ten (10) Business Days.