38.1  Requirement for Authority Consent

The Contractor shall obtain the Authority's prior written consent to any Qualifying Refinancing and both the Authority and the Contractor shall at all times act in good faith with regard to (a) any Refinancing or (b) any potential or proposed Refinancing under clause 38.9.149

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149 The Authority may terminate the Agreement for a wilful breach of this clause. In such circumstances, the amount of compensation payable to the Contractor shall be the same as that paid to the Contractor if the Contract is terminated under clause 44 (Termination on Corrupt Gifts or Fraud). See clause 43 (Termination for Breach of the Refinancing Provisions).