24.4  Exclusion from further participation in this Agreement

If the Project Owner excludes the Defaulting Participant from further participation in the performance of any of the Works and this Agreement by notice under clause 24.3:

(a)  clause 25 applies in respect of the Defaulting Participant, as if this Agreement had been terminated;

(b)  the non-defaulting Participants may employ and pay other persons to replace the Defaulting Participant in the performance of the Works and may use all Construction Plant provided by the Defaulting Participant as necessary to perform the Works;

(c)  the Defaulting Participant will, if required by the non-defaulting Participants, promptly assign or novate to the non-defaulting Participants, without payment, the benefit of any agreements for the performance of any part of the Works;

(d)  as and when required by the non-defaulting Participants (and not before), the Defaulting Participant will remove from each Site any Construction Plant and other property provided by the Defaulting Participant. If the Defaulting Participant fails to do so not less than 15 Business Days after written notice to it of the non-defaulting Participants' intention to do so (but without being responsible for any loss or damage), the non-defaulting Participants may remove and/or sell any such Construction Plant or other property;

(e)  the non-defaulting Participants may execute all deeds and documents and will do all such things on behalf of the Defaulting Participant, including making decisions on behalf of the Defaulting Participant's representatives at the ALT, as are necessary to give effect to this clause 24.4; and

(f)  to enable the execution of deeds and documents under 24.4(e), the Defaulting Participant by this Agreement irrevocably authorises any directors, managers or officers of the non- defaulting Participants to act as its attorneys for the purpose of executing deeds and documents and doing all things of that kind. The non-defaulting Participants must act reasonably in the performance of any right permitted under this clause 24.4(f).