Following Retendering

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

1.5.1  the date on which the Authority receives the Market Value of the New Agreement from the New Sub-hubco; and

1.5.2  if Sub-hubco 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 to dispute resolution (pursuant to paragraph 1.5.2 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 1.5.1 above (the "Undisputed Payment Date") and the Authority shall pay interest to Sub-hubco 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 1.5.2 above at the No Default Interest Rate.

1.6  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 of this decision and (if the Adjusted Highest Compliant Tender Price is a positive number) pay to Sub-hubco an amount equal to the Adjusted Highest Compliant Tender Price within [20] Business Days of such notification.

1.7  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 1.5 or paragraph 1.6 above, the Authority shall pay to Sub-hubco 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 1.5 or paragraph 1.6 above until such amount is paid.

1.8  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, the Authority shall have no obligation to make any payment to Sub-hubco and (if a negative number) an amount equal to the Adjusted Highest Compliant Tender Price shall be due and payable by Sub-hubco to the Authority on the date of the New Agreement or (where paragraph 1.6 applies) within [20] Business Days of notification from the Authority pursuant to that paragraph.