Where an Authority withdraws from the Project and this Agreement in accordance with Clause 15 (Withdrawal during the Procurement Exercise) or is a Defaulter and this Agreement is terminated in respect of that Authority in accordance with Clause 18.2. (Termination), the withdrawing or Defaulter Authority shall, if the other Authority or Authorities so require by notice given before the expiry of the period of two (2) months’ of the date of such withdrawing Authority’s withdrawal or the termination of this Agreement in respect of that Authority as Defaulter, transfer to any one or all of such other Authorities any property acquired and/or secured by such withdrawing Authority or Defaulter for the purposes of the Project at cost (taking into account any contribution made to that cost to the withdrawing or Defaulter Authority from another Authority).
Where an Authority withdraws from the procurement, and the other Authorities agree to continue but subsequently, at the discretion of the remaining parties, no award of contract is made, the Authority who had withdrawn would not be liable for the full procurement costs and will be solely liable for one- quarter of the total procurement costs. 11.3.4Save with regards 11.3.2 and 11.3.3,if any proceedings or claims are instituted against any of the Authorities arising out of the procurement entered into under this Project then then the costs of defending the proceedings or claims and the payment of any damages or settlement arising out of the proceedings or claims shall be shared equally between the Authorities provided that the claim is not solely attributable to the actions or omissions of the Authority against whom the claim has been made and that the Authority against whom the proceedings or claims have been instituted consults and notifies the other Authorities in the defending the proceedings or claims.
