38.9  Cessation of suspension or step-in rights

(a)  (State may cease): The State may, at any time, cease to exercise its rights under this clause 38 upon giving 5 Business Days' notice to Project Co.

(b)  (State must cease): Subject to clause 38.9(a), the State must cease to exercise its rights under clause 38.1 or clause 38.2 as the case may be, if the State has exercised its rights as a consequence of any Step-In Event under:

(i)  clauses 38.2(a)(i) or 38.2(a)(iii) and the Major Default or Default Termination Event (as the case may be) has been Cured;

(ii)  clause 38.2(a)(ii) and the D&C Contractor or the Services Contractor (as the case may be) notifies the State that the default under the relevant Subcontract has been Cured; or

(iii)  clauses 38.2(a)(iv), 38.2(a)(v) or 38.2(a)(vi) and the relevant event has ceased and its consequences have been Cured in the reasonable opinion of the State.

(c)  (Project Co to recommence): If the State ceases to exercise its rights under clause 38.1 or clause 38.2 in accordance with this clause 38.9, Project Co must immediately recommence performing any obligations suspended due to the exercise by the State of those rights and the State must give reasonable assistance to Project Co to ensure that the transition is effected as smoothly as possible.