In the event the
person transferring
contractual interests pursuant to subsection (a)(1) and the
person to whom such interests are to be transferred fail to agree, under paragraph (2), on the amount of, or method of determining, the consideration to be paid for such transfer, the
Commission may, at the request of both such
persons, prescribe the amount of, or method of determining, such consideration. Upon the request of either such
person, the
Commission shall make such determination on the record, after an opportunity for agency hearing. In any such latter case, the determination of the
Commission shall be binding upon the party requesting that such determination be made on the record of the agency hearing. The consideration prescribed by the
Commission shall not exceed the maximum consideration permitted as
just compensation under this section. In prescribing the amount of, or method of determining, consideration under this paragraph, to the maximum extent practicable, the
Commission shall utilize any liquidated damages provision set forth in the applicable contract, but in no event may the
Commission prescribe consideration in excess of the maximum consideration permitted as
just compensation under this section.