9. For schools where the construction has not completed and an acceptance certificate been issued, add the following clause:

[7.34]1 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)2, the Company 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 Company 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 40.43 thereof, the Secretary of State may at any time and by written notice served on the Company, terminate this Agreement with immediate effect.




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1 Number this clause as clause 7.33 if clause 7.33 above is not applicable but this clause does apply.

2 Check that terms referred to as being defined in the Development and School Agreement are the correct ones by reference to the latter document.

3 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.