37.6  Termination for Breach of Refinancing Provisions

37.6.1  If the Contractor wilfully breaches clause 80.1 (Refinancing) then the Authority may terminate this Agreement at any time on or before the Expiry Date by complying with its obligations under clause 37.6.2 (Termination for Breach of Refinancing Provisions).

37.6.2  If the Authority decides to terminate the Agreement under clause 37.6.1 (Termination for Breach of Refinancing Provisions), it must give notice to the Contractor stating:

(a)  that the Authority is terminating the Agreement under clause 37.6.1 (Termination for Breach of Refinancing Provisions);

(b)  that this Agreement will terminate on the date falling [twenty (20)] Business Days after the date of receipt of the notice; and

(c)  whether the Authority has chosen to exercise its option under clause 37.6.3.

37.6.3  On termination, the Authority shall have the option to require the Contractor to transfer to the Authority all of its rights, title and interest in and to the Assets or as directed by the Authority.

37.6.4  This Agreement shall terminate on the date falling [twenty (20)] Business Days after the date of receipt of the notice referred to in clause 37.6.2 (Termination for Breach of Refinancing Provisions).