6.1 [inform the DFE promptly if it is notified that there shall be any delay to Services Availability at the Site];
6.2 provide the DFE with such information as it may reasonably require on a quarterly basis on the operation of the Project Agreement to the extent that it relates to the School;
6.3 inform the DFE promptly (providing such details as the DFE may reasonably require) on becoming aware of any breach or non-compliance by the Academy with its obligations under the [Development and] School Agreement or this Agreement or where it is reasonably foreseeable to the Authority that any breach or non-compliance of the [Development and] School Agreement or this Agreement by the Academy shall occur;
6.4 forthwith inform the DFE whenever any Relevant Notice is served under any Project Document;
6.5 promptly inform the DFE of any proposed changes to the Project Documents or the [Development and] School Agreement or any other relevant contract which may (assessed objectively) lead to additional potential liabilities for the Academy and/or the DFE under the terms of this Agreement;
6.6 promptly inform the DFE whenever it exercises any rights or remedies under the Project Documents in connection with a breach thereof by any of the counterparties and/or relating to poor performance of obligations under the Project Agreement by the Contractor (but not including the making of payment mechanism deductions) where these relate to the School or are relevant to the [Development and] School Agreement;
6.7 exercise such rights or remedies that the Authority may have available to it under the Project Documents at the direction of the DFE in circumstances where the DFE considers (acting reasonably) that the exercise of the relevant right or remedy shall assist the DFE in mitigating its potential or actual exposure under this Agreement;24
6.8 promptly pay to the Academy any sums or monies recovered from the Contractor and which are properly due to the Academy under the [Development and] School Agreement.
6.9 immediately notify the DFE and the Academy on receipt of a Project Agreement Termination Notice and any Contractor Termination Notice and provide all relevant information (including a copy of the relevant notice);
6.10 immediately notify the DFE and the Academy following confirmation from the Contractor that the breach giving rise to the Contractor Termination Notice has been remedied;
6.11 following receipt of a Contractor Termination Notice, where DFE notifies the Authority that it intends to exercise its Flooding Rights, the Authority shall immediately advise the DFE whether or not the breach has been remedied; and
6.12 promptly notify the DFE and the Academy of any breach of the Project Agreement which, if it was repeated or continued, could give rise to the right for the Contractor to serve a Contractor Termination Notice under the Project Agreement.
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23 This clause 6 has critical importance for the DFE as it will allow it to be aware of any potential issues involving the School operated by the Academy but which may expose the Authority to liabilities to the PFI Contractor under the Project Documents. The DFE will be able to monitor the situation and take such action as may be necessary in the circumstances to manage the circumstances.
24 It is important that the DFE is able to compel the Authority to exercise the rights available to it under the Project Documents. Any recovery obtained from the PFI Contractor under any indemnity or from claims made under the project insurances may mitigate the exposure of the DFE under the Normal Payment Matters or in the event that DFE exercises its discretion to reimburse the Authority under clause 14.5.