In case proposed condition in topic 2 is met (Cofely can supply the chilled water to Siripinyo at total Based Utility Unit cost1 at 6.58 THB or lower) and the Parties enter into an Energy Efficiency Performance contract within a period of three (3) months after submission of Cofely’s binding offer, the fees will be waived. The Down payment and the balance payment amount will be immediately repaid to Siripinyo.