69.3  Exception

Nothing in this Agreement shall prohibit the Service Provider from:

(a)  providing or procuring the provision of the Works or the Services from a Sub-Contractor of sound financial standing and good repute and whose identity has been notified to the Authority by the Service Provider and approved by the Authority (such approval not to be unreasonably withheld or delayed) prior to the appointment of such Sub-Contractor, provided that the Service Provider shall remain primarily and directly liable for the Service Provider's obligations under this Agreement; or

(b)  novating its rights and obligations under this Agreement to a Suitable Substitute Service Provider appointed by the Senior Lender in accordance with clause []58 of the Senior Lender's Direct Agreement.




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58  The relevant clause number in the Senior Lender's Direct Agreement should be inserted here.