6.7  Termination

6.7.1  This Lease shall automatically determine on the termination of the Funding Agreement in circumstances where there is no other Funding Agreement in existence.

6.7.2  The Tenant shall give written notice to the Landlord as soon as possible after becoming aware that the Funding Agreement may be liable to termination, including where a notice terminating the Funding Agreement is served on the Tenant, and the notice served on the Landlord shall specify the date (or likely date) of termination of the Funding Agreement.

6.7.3  The Tenant shall give written notice to the Landlord at the same time as the Tenant serves any notice terminating the Funding Agreement and such notice shall specify the date (or likely date) of termination of the Funding Agreement.

6.7.4  On the termination of this Lease under Clause 6.7.1 everything contained in the Lease ceases and determines but without prejudice to any claim by either party against the other in respect of any antecedent breach of any obligation contained in the Lease.

6.7.5  In the event that the Project Agreement terminates prior to the Expiry Date as a result of Authority Default (as both terms are defined in the Project Agreement)15 and:

(a)  a breach by the Tenant of the School Agreement is the substantial cause of the Authority Default16 in question; and

(b)  the Secretary of State makes a material payment to the Landlord as a result of the Project Agreement termination pursuant to its obligation at clause 14 of the Principal Agreement

then the Landlord may give to the Tenant a notice in writing expiring on the 31 August which next follows after the date of service of such notice and then on the termination of this Lease under this Clause 6.7.5 this Lease and everything contained in the Lease ceases and determines but without prejudice to any claim by either party against the other in respect of any antecedent breach of any obligation contained in the Lease.

 




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(xv)  15 Check against the Project Agreement

(xvi)  16 Check against the Project Agreement.