47.3  Changes to Financing Agreements251

47.3.1  Without prejudice to the provisions of clause 47.1 (Delivery of Initial and Changed Project Documents and Financing Agreements) and clause 80 (Refinancing), the Contractor shall not, without the prior written consent of the Authority, enter into new Financing Agreements or terminate, amend, waive its rights or otherwise deal with its Financing Agreements if the same may reasonably be expected to have a material adverse effect on the ability of the Contractor to perform its obligations under the Project Documents or this Agreement.

47.3.2  No amendment, waiver or exercise of a right under any Financing Agreement or Project Document shall have the effect of increasing the Authority's liabilities on early termination of this Agreement unless:

(a)  the Contractor has obtained the prior written consent of the Authority to such increased liability for the purposes of this clause 47.3.2 (Changes to Financing Agreements); or

(b)  it is an Additional Permitted Borrowing.

In the event of any conflict between the provisions of this clause 47.3 (Changes to Financing Agreements) and any other provisions of this Agreement, the provisions of this clause 47.3 (Changes to Financing Agreements) shall prevail.

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251  This clause will not be relevant where projects are Corporate Financed.