51.1  Amount

On termination of this Agreement under clause 44.3 (Notification for Force Majeure) or clause 65.3.1(b) (Uninsurable Risks), the Authority shall pay to the Contractor the Force Majeure Termination Sum in accordance with clauses 54 (Miscellaneous Compensation Provisions) and 55 (Method of Payment). Subject to clauses 51.3 to 51.5 below the Force Majeure Termination Sum shall be an amount equal to the aggregate of:

(a)  the Base Senior Debt Termination Amount;

(b)  the Junior Debt less an amount equal to the aggregate of payments of interest made by the Contractor under the Subordinated Financing Agreements;169

(c)  all amounts paid to the Contractor by way of subscription for shares in the capital of the Contractor less dividends and other distributions paid to the shareholders of the Contractor (save to the extent deducted under clause 51.1.2 (Amount) above); and

(d)  redundancy payments for employees of the Contractor that have been or will be reasonably incurred by the Contractor as a direct result of termination of this Agreement and any Sub-Contractor Breakage Costs.




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169  This excludes interest accrued but unpaid but the Junior Debt documentation should, of course, be checked to ensure this is the way it works.  Repayment of principal is caught through the definition of Junior Debt.