2  RETENDERING ELECTION

2.1  The Authority shall be entitled to retender the provision of the Project Operations in accordance with paragraph 3 (Retendering Procedure) and the provisions of paragraph 3 (Retendering Procedure) shall apply if: 

2.1.1  the Authority notifies Project Co on or before the date falling twenty (20) Business Days after the Termination Date that it intends to retender; and

2.1.2  there is a Liquid Market; and either

(a)  the Senior Funders have not exercised their rights to step-in under clause 5 (Representative) of the Funders' Direct Agreement; or

(b)  Project Co or the Senior Funders have not procured the transfer of Project Co's rights and liabilities under this Agreement to a Suitable Substitute Contractor and have failed to use all reasonable efforts to do so 

but otherwise the Authority shall not be entitled to re-tender the provision of the Project Operations and paragraph 4 (No Retendering Procedure) shall apply.