The Contractor may, by not less than thirty (30) days' written notice to the Public Body, of such notice to be given after the occurrence of any of the events specified in GCC Sub-Clause 21.3 (a) to (d) terminate the Contract if:
(yyyyyy)The Public Body fails to pay any money due to the Contractor pursuant to the Contract and not subject to dispute pursuant to Clause 25, within forty-five (45) days after receiving written notice from the Contractor that such payment is overdue;
(zzzzzz)The Public Body is in material breach of its obligations pursuant to the Contract and has not remedied the same within forty-five (45) days (or such longer period as the Contractor may have subsequently approved in writing) following the receipt by the Public Body of the Contractor’s notice specifying such breach;
(aaaaaaa)The Public Body suspends the progress of the works or any part thereof for more than 180 days, for reasons not specified in the Contract, or not due to the Contractor's default.
(bbbbbbb)The Contractor is unable as the result of Force Majeure, to perform a material portion of the Works for a period of not less than sixty (60) days; or
(ccccccc)The Public Body fails to comply with any final decision reached as a result of settlement of disputes pursuant to GCC Clause 26 hereof.
If either Party disputes whether an event specified GCC Sub-Clauses 21.2 (a) to (n) or GCC Sub-Clause 21.3 hereof has occurred, such Party may, within forty-five (45) days after receipt of notice of termination from the other Party, refer the matter to settlement of disputes pursuant to GCC Clause 26 and this Contract shall not be terminated on account of such event except in accordance with the terms of any resolution award.
In the event the Public Body terminates the Contract pursuant to the GCC Sub-Clause 21.2 (a) to (n) the Public Body may complete the works himself or conclude any other contract with a third party at the Contractor's own expense. However, the Contractor shall continue performance of the Contract to the extent not terminated.
If the Public Body terminates the Contract in the event specified in GCC Sub-Clause 21.2 (o) the notice of termination shall specify that termination is for the Public Body's convenience, the extent to which performance of the Contractor under the Contract is terminated, and the date upon which such termination becomes effective.
