36  Termination of this Agreement (HPP ref: Clause 37)

(a)  Clause 37.1 (Voluntary Termination by the Authority) to be amended as follows:

(i)  Clause 37.1.2(c) should be deleted and replaced with the following:

(c)  whether the Authority has exercised its Termination Option under clause 46 (Assets and Transition to the Authority or to another contractor).

(ii)  Delete clause 37.1.3 and mark as "Not Used".

(b)  Delete clause 37.2 (Authority Break Point Date) and mark as "Not Used"36.

(c)  Clause 37.5 (Rectification of Contractor Default) to be amended as follows:

Clauses 37.5.2(b) and (c) to be renumbered as clauses 37.5.2(c) and (d) with a new clause 37.5.2(b) inserted as follows:

(b)  whether the Authority has exercised its Termination Option under clause 46 (Assets and Transition to the Authority or to another Contractor).

(d)  Clause 37.6 (Termination for Breach of Refinancing Provisions) to be amended as follows:

Delete clause 37.6.2(c) and replace with the following:

(c)  whether the Authority has exercised its Termination Option under clause 46 (Assets and Transition to the Authority or to another contractor).

(e)  Clause 37.7 (Termination for Corrupt Gifts and Fraud) to be amended by adding a new clause 37.7.2(g)(v) as follows:

(v)  whether the Authority has exercised its Termination Option under clause 46 (Assets and Transition to the Authority or to another contractor).

_____________________________________________________________________________________________

36  Given the Contractor or Housing Management Contractor owns the assets it is not appropriate for a break point date to be included in the Project Agreement.