42  Termination by the Authority for Breach of Refinancing Provisions

42.1  If the Contractor wilfully breaches clause 37 (Refinancing) then the Authority may terminate this Agreement at any time on or before the Expiry Date by complying with its obligations under clause 42 (Termination by the Authority for Breach of Refinancing Provisions) below.

42.2  If the Authority wishes to terminate the Agreement under clause 42 (Termination by the Authority for Breach of Refinancing Provisions), it must give notice to the Contractor stating:

(a)  that the Authority is terminating the Agreement under clause 42 (Termination by the Authority 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 42.3 (Termination by the Authority for Breach of Refinancing Provisions) below.

42.3  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.  

42.4  This Agreement shall terminate on the date falling [twenty (20)] Business Days after the date of receipt of the notice referred to in clause 42.2 (Termination by the Authority for Breach of Refinancing Provisions) above.