Paragraph 37 Disapplication of paragraph 26
(1)
This paragraph applies where—
(a)
an appropriate person has determined under paragraph 29 an amount which is market value for a payment in connection with an agreement; and
(b)
the manager proposes—
(i)
to make an agreement with a relevant person on the same terms and conditions as the existing agreement, and
(ii)
to require a payment from the relevant person in connection with the agreement which does not exceed the existing amount.
(2)
In sub-paragraph (1)(b)—
-
“the existing agreement” means the agreement mentioned in sub-paragraph (1)(a), and
-
“the existing amount” means the amount mentioned in sub-paragraph (1)(a).