3.4.4.5  Negative Default Termination Payment

If the value of Project Co's Liabilities to the State, together with the costs of the State upon Handover of the Project (e.g. reinstatement or rectification costs) are greater than the value of the Project which is handed back to the State at termination, the Default Termination Payment will be a negative amount that is payable by Project Co to the State. This is intended to protect the State's exposure to the costs of reinstating or rectifying the Project, which could be significant.