37. Apart from the sharing of any construction cost underrun on Section 1, Railtrack has agreed that the Department will share in certain exceptional gains, as follows:
a) In the event that Railtrack sells the subsidiary company it created to operate the Link, up to 75 per cent of any gain on the disposal will be paid to the Department;
b) The Department will receive a 15 per cent share of any gain (over the purchase price of Section 1) on any off-balance sheet, non-recourse securitised bond issue prior to 2015 which is secured on the fixed charge element of the access charges payable by Eurostar UK to Railtrack.