Following Retendering

1.6 Subject to paragraphs 1.8 and 1.10, following a retendering exercise under Section 2 (Compensation for [Sub-hubco/Project Co] Default) of this Schedule Part 17 the Authority shall pay to [Sub-hubco/Project Co] an amount equal to the Adjusted Highest Compliant Tender Price no later than the date falling twenty (20) Business Days after the later of:

1.6.1 the date of the New Agreement; and

1.6.2 if [Sub-hubco/Project Co] has referred a dispute relating to the Adjusted Highest Compliant Tender Price to dispute resolution pursuant to paragraph 3.11 of Section 2 (Compensation for Sub-hubco Default) of this Schedule Part 17, the date on which the dispute is finally determined in accordance with Clause 56 (Dispute Resolution),

provided that, to avoid doubt, if the dispute referred by [Sub-hubco/Project Co] to dispute resolution (pursuant to paragraph 1.7.2 above) concerns only a proportion of the Adjusted Highest Compliant Tender Price then the Authority shall pay the undisputed proportion of such sum no later than 20 Business Days after the date referred to in paragraph 1.7.1 above (the "Undisputed Payment Date")24 and the Authority shall pay interest to [Sub-hubco/Project Co] on any amount of the Adjusted Highest Compliant Tender Price which has been withheld, from the Undisputed Payment Date until the date on which payment is due under paragraph 1.7.2 above at the No Default Interest Rate.

1.7 If the Authority has received all bids from bidders under the Tender Process and has received a Compliant Tender but decides not to complete the Tender Process, it shall notify [Sub-hubco/Project Co] of this decision and (if the Adjusted Highest Compliant Tender Price is a positive number) pay to [Sub-hubco/Project Co] an amount equal to the Adjusted Highest Compliant Tender Price within [20] Business Days of such notification.

1.8 If the Authority fails to pay the Adjusted Highest Compliant Tender Price (or any proportion thereof) by the date on which payment is due in accordance with paragraph 1.7 or paragraph 1.8 above, the Authority shall pay to [Sub-hubco/Project Co] interest on such unpaid amount, which shall accrue on such amount at the Default Interest Rate from (but not including) the date on which payment is due in accordance with paragraph 1.7 or paragraph 1.8 above until such amount is paid.

1.9 If the Adjusted Highest Compliant Tender Price is zero or a negative number then, on entering into the New Agreement with the New [Sub-hubco/Project Co], the Authority shall have no obligation to make any payment to [Sub-hubco/Project Co] and (if a negative number) an amount equal to the Adjusted Highest Compliant Tender Price shall be due and payable by [Sub-hubco/Project Co] to the Authority on the date of the New Agreement or (where paragraph 1.8 applies) within [20] Business Days of notification from the Authority pursuant to that paragraph.25

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24 Authorities should review the tax implications of the payment passing through Authority's' control and grossing up provisions may be required as appropriate.

25 This right is granted to give the Authority a claim as an unsecured creditor of the SPV and is not likely to result in any significant recovery for the Authority.