a. accept the PV System in the state in which it is, thereby waiving its right to terminate this Agreement, subject to the payment to the Contractor of the balance outstanding of the Price (i) net of any Liquidated Damages accrued by the Contractor until such date and (ii) decreased in proportion to the loss of performance of the PV System, compared to the performance the PV System would have had in the event said Minimum Performance Ratio would have been met; in said case the Guaranteed Performance to be applied at the Intermediate Test and the Final Acceptance Test shall correspond to the measured Performance Ratio of the PV System as resulting upon the testing for Provisional Acceptance; or
b. reject the Works and terminate this Agreement with the effects provided for by clause 36.