7.33 Notwithstanding the provisions of clauses 91 and 92 of the Master Agreement and clauses 7.1 to 7.32 of this Agreement, the Secretary of State may at any time on or after [insert date] and by written notice served on the Company, 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 the following condition has not been met:
7.33.1 the Company 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
7.33.2 the Company 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 , the Master Funding Agreement and the Company's Articles of Association to provide for consequential amendments, in a form agreed between the Secretary of State and the Company, to enable and support the procurement of the Academy's buildings through a private finance initiative.]