23.2.1  Introduction

23.2.1.1  The Contract must deal comprehensively with the possibility of early termination due to Contractor default. It must achieve a fair balance between the Authority's desire to be able to terminate for inadequate service provision, even if caused by relatively minor defaults (a right which Authorities are used to having in conventional service contracts) and the Contractor's and its financiers' interest in restricting termination to the severest of defaults, when all other reasonable alternative options have been exhausted, including a reasonable rectification period procedure and a Direct Agreement (see Sections 23.2.4 (Rectification) and 26 (Funders' Direct Agreement)). It should be the Authority's last resort to exercise rights of termination.