45.9  Retendering the Service on Expiry

On or before a date falling no later than twelve (12) Months prior to the Expiry Date, the Authority shall notify the Service Provider in writing whether:

(a)  it wishes to retender the provision of the Service and if the Authority wishes to retender the provision of the Service then:

(i)  the Service Provider shall do all necessary acts (including entering into any contracts) to ensure that the successor service provider obtains all of its rights, title and interest in and to the Assets with effect on and from the Expiry Date; and

(ii)  the Authority shall bear all costs of any retendering of the Contract on expiry; and

(b)  it does not wish to retender the provision of the Service then the Assets shall transfer to the Authority on the Expiry Date and the Service Provider shall do any necessary acts (including entering into any contracts) to ensure that the Authority obtains all of its rights, title and interest in the Assets with effect on and from the Expiry Date.