5.1  Rights of Termination

In the event that:

(a)  no Step-in Notice or Proposed Novation Notice is given before a Termination Notice expires or within fifteen (15) Business Days after termination of the Project Agreement by the Authority; or

(b)  a Step-in Undertaking is not issued on the Proposed Step-in Date; or

(c)  the Step-in Notice is withdrawn or, pursuant to clause 3.2(g) (Notice of Obligations and Step-in Undertaking), deemed to have been withdrawn; or

(d)  the Step-in Period ends before the occurrence of the Novation Effective Date; or

(e)  in the absence of a Step-in Undertaking, the Construction Contractor withholds its consent to a novation pursuant to a Proposed Novation Notice, in accordance with clause 4.3 (Grant of Consent), and does not subsequently grant consent to a novation in accordance with clause 4.4 (Consent Withheld) on or before the Proposed Novation Date; or

(f)  in the absence of a Step-in Undertaking, the obligations of the Proposed Substitute set out in clause 4.5 (Implementation of Novation) are not performed on the Proposed Novation Date; or

(g)  the Construction Contractor is entitled to terminate the Construction Contract under clause 3.3 (Restriction of Right of Termination) or 4.6 (Termination after Novation); or

(h)  the Authority exercises its right to Step-out under clause 3.4(a) (Step-Out), then on the Step-out Date,

the Construction Contractor shall be entitled to exercise all of its rights under the Construction Contract and act upon any and all grounds for termination available to it in relation to the Construction Contract whenever occurring; and/or pursue any and all claims and exercise any and all rights and remedies against the Service Provider.