If this Agreement is terminated by the Agency pursuant to Section 2.3.1:
(a) The Agency shall be paid liquidated damages by the Company equal to [●] percent ([●]%) of the Total Project Cost unless the Company's failure to fulfill any of its conditions precedent was actually due to (i) a Political Force Majeure Event, or (ii) an Agency Event of Default. For this purpose, the Agency shall draw down the amount claimed as liquidated damages from the Performance Security submitted by the Company.
(b) This Agreement shall have no further effect. The Parties shall have no further rights and shall be released from all their obligations under this Agreement except in respect of any rights or obligations arising before the termination occurred.