Termination

(1) The Board may terminate any Approved Project if it finds that the Project no longer serves the public purpose justifying its approval by the Board, or that approval was based on information which was substantially incorrect or materially misrepresented, provided that: (a) such termination takes place only after careful review of the Project objectives, the Project's contribution to the public purpose justifying its approval to the Board, and the potential consequences of termination; and (b) no such termination shall affect the rights of any private party to any Contract, unless such termination is a result of the fraud, material misrepresentation or material breach of such private party. Nothing in 810 CMR 2.00 shall be construed to limit the right or responsibility of an Agency to cancel any Approved Project before Contracts have been executed, or to terminate any Contract for a Project under the terms of that Contract. Any Agency taking such action shall, within 30 days, notify the Board of such cancellation or termination and the reasons therefor. No right of recovery under contract or under any other theory of liability shall accrue to a private party arising out of a Proposed Project prior to the final approval of an Approved Project by the Board, pursuant to 810 CMR 2.07(1), or prior to the execution of a written Contract signed by the public official(s) with authority to bind the Commonwealth thereto. (3) Board approval for any Approved Project shall automatically terminate upon the occurence of either of the following events: (a) failure to commence implementation of an Approved Project as submitted under 810 CMR 2.06(2) within one year of the date of Board approval; or (b) interruption for a period of one year of implementation of an Approved Project which has timely commenced. The Board may vote to reinstate any Approved Project for which approval has automatically terminated pursuant to 810 CMR 2.10(3).