(a) If:
(1) the Defaulting Participant fails within 15 Business Days after receipt of a notice given under clause 24.1(d)(1) or clause 24.1(e)(1) (as the case may be) to either remedy a Default or in writing show (to the reasonable satisfaction of the Project Owner or the NOPs (as the case may be)) that reasonable progress has been made in rectifying the Default; or
(2) if the Project Owner or the NOPs (as the case may be) give notice under clause 24.1(d)(2) or clause 24.1(e)(2) (as the case may be),
then:
(3) subject to clause 24.3(b), where the Project Owner is not the Defaulting Participant, the Project Owner may, without prejudice to its rights under this Agreement or otherwise:
(A) at any time thereafter wholly or partly suspend the Defaulting Participant's portion of any payment due to the NOPs under this Agreement until the Default has been remedied to the reasonable satisfaction of the Project Owner; or
(B) terminate this Agreement by notice in writing to the Defaulting Participant and the non-defaulting NOP; or
(4) where the Project Owner is the Defaulting Participant, the NOPs may, without prejudice to their rights under this Agreement or otherwise, terminate this Agreement by notice in writing to the Defaulting Participant.
(b) Where:
(1) the Project Owner is not the Defaulting Participant; and
(2) the Project Owner is entitled to exercise its rights under clause 24.3(a)(3) but has not exercised those rights,
the Project Owner may, without prejudice to its rights under this Agreement or otherwise, by notice to the Defaulting Participant and the non-defaulting NOP exclude the Defaulting Participant from further participation in the performance of any of the Works, in which case the provisions of clause 24.4 will apply.
(c) Upon exclusion of the Defaulting Participant from further participation in the performance of any of the Works and this Agreement by notice under this clause 24.3:
(1) the Defaulting Participant will continue to be and will remain liable in respect of any act or omission of the NOPs or obligation which has accrued prior to the notice under this clause 24.3;
(2) subject to clause 24.3(c)(3), the Defaulting Participant will no longer be subject to any obligation under this Agreement the time for performance of which has not accrued prior to the notice under this clause 24.3;
(3) the Defaulting Participant will continue to be subject to the requirements of clauses 4.1, 16, 17, 19.1, 19.10, 20, 21, 23, 24.4, 24.5, 24.6, 25, 27, 28 and 29, Schedule 8 to the extent that Schedule 8 applies to Reimbursable Costs already incurred, and Schedule 12; and
(4) except as set out in clause 24.3(c)(2), the obligations of a NOP under this Agreement are not affected or discharged by the exclusion of the Defaulting Participant under this clause 24.3 and the non-defaulting Participants acknowledge and agree that they remain liable under this Agreement notwithstanding the discharge of the Defaulting Participant under clause 24.3(c)(2).
(d) The Project Owner acknowledges and agrees that, prior to exercising any of its rights under this clause 24.3, it must first consult with the non-defaulting NOP.