40.13  Relevant Payment

If pursuant to clause 40.12(b) the Authority elects to make payment to the Service Provider (such that this Agreement will terminate) (the Relevant Payment), the Service Provider shall have the option (exercisable in writing within twenty (20) Business Days of the date of such election by the Authority (the Option Period)) to pay to the Authority, on or before the end of the Option Period, an amount equal to the insurance proceeds that would have been payable had the relevant risk not become Uninsurable, in which case this Agreement shall continue (and the Relevant Payment shall not be made by the Authority), and the Service Provider's payment shall be applied for the same purpose, and in the same manner as insurance proceeds would have been applied had the relevant risk not become Uninsurable.