RETENDERING ELECTION Sample Clauses

RETENDERING ELECTION. 45.1.1 Subject to clause 45.1.2 below, the Authority shall be entitled at its sole option to: (A) retender the provision of the Services in accordance with clause Retendering; or (B) require an expert determination in accordance with clause No Retendering. 45.1.2 Subject to clause 45.1.3, the Authority shall notify the Contractor of its election on or before the date falling 30 days after the Termination Date. 45.1.3 The Authority shall not be entitled to elect to retender the provision of the Services in accordance with clause Retendering if: (A) the Senior Lenders have exercised their rights to step-in under the Direct Agreement; (B) the Contractor or the Senior Lenders have demonstrated to the Authority that the Senior Lenders have used all reasonable efforts to procure the transfer of the Contractor’s rights and liabilities under the Agreement to a Suitable Substitute Contractor but have not done so; (C) the Contractor or Senior Lenders have demonstrated to the Authority that the reason for failure to transfer the Contractor’s rights and liabilities under the Agreement is that there is no Liquid Market; and (D) either the Authority agrees or it is determined in accordance with the Dispute Resolution Procedure that no Liquid Market exists 45.2 Retendering 45.2.1 The objective of the Tender Process shall be to enter into a New Contract with the Compliant Tenderer that offers the highest lump sum capital payment as the tender price. 45.2.2 The Authority shall use its reasonable endeavours to complete the Tender Process as soon as practicable. 45.2.3 The Authority shall notify the Contractor of the Qualification Criteria and the other requirements and terms of the Tender Process, including the timing of the Tender Process, but shall act reasonably in setting such requirements and terms. 45.2.4 The Contractor authorises the release of any information by the Authority which would otherwise be prevented under clause INFORMATION AND CONFIDENTIALITY which is reasonably required as part of the Tender Process. 45.2.5 For all or any part of a month falling within the period from the Termination Date to the Compensation Date the Authority shall pay to the Contractor the Post Termination Service Amount for that month on or before the date falling 10 Working Days after the end of that month and the Post Termination Service Amount for the period ending on the Compensation Date on or before the date falling 20 Working Days after the Compensation Date. 45.2.6 If any Pos...

RETENDERING ELECTION. If the Councils terminate this Contract pursuant to clause 52 (Termination of Contract on Insolvency Default or Contractor Default) then subject to clause 53.1.3, the Councils shall be entitled either to:

RETENDERING ELECTION. If the Authority terminates this Contract pursuant to Clause 67 (Termination for Contractor Default) following the occurrence of a Contractor Default then subject to paragraph 1.2, the Authority shall be entitled either to:

RETENDERING ELECTION. The Authority shall be entitled to retender the provision of the Project Operations in accordance with paragraph 3 (Retendering Procedure) and the provisions of paragraph 3 (Retendering Procedure) shall apply if: the Authority notifies DBFM Co on or before the date falling twenty (20) Business Days after the Termination Date that it intends to retender; and there is a Liquid Market; and either the Senior Funders have not exercised their rights to step-in under clause 5 (Representative) of the Funders' Direct Agreement; or DBFM Co or the Senior Funders have not procured the transfer of DBFM Co'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 Operations and paragraph 4 (No Retendering Procedure) shall apply.

RETENDERING ELECTION. The Authority shall be entitled to retender the provision of the Project in accordance with Clause 45.2 (Retendering) and the provisions of Clause 45.2 shall apply if: 45.1.1 the Authority notifies the Contractor on or before the date falling 20 Business Days after the Termination Date that it intends to retender; and 45.1.2 there is a Liquid Market, and either: (i) the Senior Lenders have not exercised their rights to step-in under Clause 5 (Representatives) of the Senior Lenders Direct Agreement; or (ii) the Contractor or the 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 require a determination in accordance with Clause

RETENDERING ELECTION. 37.1.1 Subject to clause 37.1.2 (Retendering Election), the Authority shall be entitled to:- (a) retender the provision of the Project in accordance with clause 37.2 (Retendering Procedure); or (b) require an expert determination in accordance with clause 37.3 (No Retendering Procedure).

RETENDERING ELECTION. 1.1 If the Authority terminates this Contract pursuant to clause 31 (Termination by the Authority) following the occurrence of a Service Provider Default subject to paragraph 1.2, the Authority shall be entitled either to: 1.1.1 retender the provision of the Service in accordance with paragraph 2 (Retendering Procedure); or 1.1.2 require an expert determination in accordance with paragraph 3 (No Retendering Procedure). 1.2 The Authority shall be entitled to retender the provision of the Service in accordance with paragraph 2 (Retendering Procedure) if: 1.2.1 the Authority notifies the Service Provider on or before the date falling twenty

RETENDERING ELECTION. If the Authority terminates this Contract pursuant to Clause 67 (Termination for Contractor Default) following the occurrence of a Contractor Default then subject to paragraph 1.2, the Authority shall be entitled111 either to: retender the provision of the Project in accordance with paragraph 2; or require an expert determination in accordance with paragraph 3. The Authority shall be entitled to elect to retender the provision of the Project in accordance with paragraph 2 if: the Authority notifies the Contractor on or before the date falling twenty (20) Business Days after the Termination Date; and there is a Liquid Market; and either: the Senior Lenders have not exercised their rights to step-in under paragraph 5 of the Direct Agreement; or the Contractor or the Senior Lenders have not procured the transfer of the Contractor's rights and liabilities under this Contract to a Suitable Substitute Contractor and have failed to use all reasonable efforts to do so;112 but otherwise the Authority shall not be entitled to re-tender the provision of the Services and paragraph 3 shall apply.