Common use of PHASE CONDITIONS Clause in Contracts

PHASE CONDITIONS. 37.3.1 Without prejudice to any other right or ability to terminate this Agreement, if a Phase Unconditional Date has not occurred on or before the relevant Phase Condition Longstop Date and/or Phase Condition Drop Dead Date (subject to Clause 37.3.3) then either the Council or the Partner may determine this Agreement in relation only to the Phase for which the Phase Unconditional Date has not occurred at any time after the relevant Phase Condition Longstop Date and/or Phase Condition Drop Dead Date by serving written notice to that effect on the other PROVIDED THAT a party may only terminate as aforesaid where there are no outstanding material breaches of its obligations in relation to all outstanding Phase Conditions relating to that Phase. 37.3.2 On the date 20 Working Days after service of such notice this Agreement will determine in relation only to the relevant Phase (save where the relevant Phase Unconditional Date has occurred prior to the date on which the Agreement would otherwise have terminated under this Clause 37.3.1). 37.3.3 If on the relevant Phase Condition Longstop Date:- (a) a CPO has been submitted prior to such date to the Secretary of State for confirmation which comprises interests in the Site and/or new rights for the benefit of the Development and one or more objections to such CPO have been submitted prior to such date to the Secretary of State; or (b) a CPO comprising interests in the Site and/or new rights for the benefit of the Development has been confirmed by the Secretary of State but is the subject of Proceedings, then the relevant Phase Condition Longstop Date will be extended until the date six calendar months after the date on which such matters have been finally disposed of or determined (including any hearing inquiry Appeal or further Proceedings in relation thereto).