43.1  Retendering Election

(a)  Subject to clause 43.1(b) (Retendering Election), on termination of this Agreement under clause 37.4 (Termination on Contractor Default), subject to clause 43.1(b) (Retendering Election), the Authority shall be entitled to:

(i)  retender the provision of the Project in accordance with clause 50.2 (Retendering Procedure); or

(ii)  require an expert determination in accordance with clause 50.3 (No Retendering Procedure).

(b)  The Authority shall be entitled to retender the provision of the Project in accordance with clause 43.2 (Retendering Procedure) if:

(i)  the Authority has exercised its Termination Option and notifies the Contractor on or before the date falling twenty (20) Business Days after the Termination Date that it intends to retender; and

(ii)  there is a Liquid Market, and either:

(A)  the Senior Lenders have not exercised its rights to step-in under clause 5 of the Direct Agreement; or

(B)  the Contractor or Senior Lenders have not procured the transfer of the Contractor's rights and liabilities under this Agreement to a Suitable Substitute Contractor and have failed to use all reasonable efforts to do so,

but otherwise the Authority shall not be entitled to re-tender the provision of the Project and clause 43.3 (No Retendering Procedure) shall apply.