(1) Notwithstanding Section 135, public contracting authorities may terminate a public contract during its term where
1. a significant modification was made, which would have required a new procurement procedure under Section 132;
2. at the time the contract is awarded, a mandatory ground for exclusion existed under Section 123(1) to (4) or
3. the public contract should not have been awarded to the contractor in view of a serious infringement of the obligations under the Treaty on the Functioning of the European Union or under the provisions of this Part that has been established by the Court of Justice of the European Union in a procedure pursuant to Article 258 of the Treaty on the Functioning of the European Union.
(2) If a public contract is terminated pursuant to subsection (1), the contractor may demand a corresponding part of the remuneration for its previous efforts. In the case of subsection (1) no 2, the contractor is not entitled to remuneration to the extent that its previous efforts are of no interest to the public contracting authority as a result of the termination.
(3) The right to demand damages is not excluded by the termination.