If the Contractor refinances the Project without securing the Authority's prior written consent, or if the Contractor fails to act at all times in good faith, this will represent a wilful breach of the refinancing provisions, which brings with it the potential for termination under Clause 75 of the WIDP Contract. In such a case, compensation would be payable (see Section 8.9.3)
The process for the Authority to terminate for such a breach involves the Authority giving to the Contractor written notice of its intention to terminate, with termination taking effect twenty Business Days later. At the Authority's option, it can require the Contractor to transfer to the Authority all of its rights, title and interest in the Assets.