102D Notwithstanding the provisions of clauses 89 to 110, the Secretary of State may at any time on or after [insert date] and by written notice served on the Academy Trust, terminate this Agreement either with immediate effect or from the end of the financial year in which such notice is served, as the Secretary of State may, in his absolute discretion decide, if either of the following conditions have been met:
(a) the Academy Trust has not on or before [insert date], entered into legal agreements between itself, the Secretary of State and [insert name of LA] providing for the Academy's buildings to be procured by [insert name of LA] through a private finance initiative, those agreements to be in such form and containing such terms as those parties may, in their absolute discretion, mutually agree; or
(b) the Academy Trust has not on or before [insert date] and as at the date of serving of any such notice by the Secretary of State, varied this Agreement and the Academy Trust's Articles of Association to provide for consequential amendments, in a form agreed between the Secretary of State and the Academy Trust, to enable and support the procurement of the Academy's buildings through a private finance initiative.
102E The parties acknowledge that pursuant to the Development and School Agreement, in the event that the Acceptance Certificate (as defined in the Development and School Agreement) has not been issued by the Longstop Date (as defined in the Development and School Agreement)3, the Academy Trust is entitled to terminate the Development and School Agreement in accordance with its terms. Where such entitlement has arisen, the Secretary of State and the Academy Trust shall liaise and use reasonable endeavours to agree a solution which would result in the provision of alternative accommodation for the Academy that meets the educational needs of pupils of the Academy. In the event that the Parties are unable to agree such a solution and the Development and School Agreement has terminated pursuant to clauses 40.3 or 40.44 thereof, the Secretary of State may at any time and by written notice served on the Academy Trust, terminate this Agreement with immediate effect.
_________________________________________________________________________________________________
3 Check that terms stated to be defined in the Development and School Agreement are the correct ones by reference to the latter document.
4 Cross references to the Development and School Agreement are to the model agreement - the cross references should be checked against the worked up version of that document for the scheme in question.