; or (iii) extend the existing contractual terms of such spectrum licenses over Tribal lands for an additional 5 years, or a fair and reasonable amount of time. (C) Termination (i) Reversion In the event of premature termination of a contract for assignment or lease of spectrum over Tribal lands, the spectrum licenses shall automatically revert to the Indian Tribe or Native Hawaiian organization for new negotiations and the existing contract shall be deemed terminated. (ii) Penalties Penalties for breach of contractual agreements or premature termination of a contract shall be enforced by imposing a fine of 5 percent of the gross amount incurred, or projected amount to be incurred, from the negotiated rate of the spectrum licenses by the breaching party, to be assessed by the Commission and available as a source of funds for the Tribal Broadband Fund. (iii) Egregious behavior or lack of good faith If the breaching party participates in egregious behavior, or a clear showing is made that a party failed to negotiate contractual terms in good faith, it shall be subject to a 5-year penalty prohibiting the party from participating in any contract for spectrum licenses over Tribal lands, participation in the Tribal Spectrum Market, or additional penalties that the Commission sees fit to protect Indian Tribes’ or Native Hawaiian organizations’ telecommunications resources. In the case of a breaching party that is an Indian Tribe or Native Hawaiian organization, the penalty under this clause shall not apply with respect to spectrum over its Tribal lands of such Indian Tribe or Native Hawaiian community. (4) Additional requirements This section is subject to additional requirements or other terms and conditions as the Commission determines necessary to protect the interests of the Indian Tribe and Native Hawaiian community, or as determined necessary through subsequent rulemaking subject to the Tribal consultation requirements under section 8(c). 6. Existing spectrum licenses and spectrum over Tribal lands (a) Build or