12.2.1 Regardless of any changes to the Project Documents or Financing Agreements it is important that the Authority's own exposure to liability on termination of the Contract is not increased without the Authority's consent,
Required drafting is set out below:
12.2 No Increased Liability from Changes to Project Documents or Financing Agreements
No amendment, waiver or exercise of a right under any Project Document or Financing Agreement shall have the effect of increasing the Authority's liabilities on early termination of this Contract unless:
(a) the Contractor has obtained the prior written consent of the Authority to such increased liability for the purposes of this Clause 12.2; or
(b) it is a Permitted Borrowing.
In the event of any conflict between the provisions of this Clause 12.2 and any other provision of this Contract the provisions of this Clause 12.2 shall prevail.
12.2.2 Section 28 (Refinancing) contains further explanation relating to the amendment of Financing Agreements due to a refinancing.