(1) If, prior to July 13, 2004, the authority has given its preliminary approval designating an eligible company as a preliminarily approved company and authorizing the undertaking of an economic revitalization project, but has not entered into a final agreement with the company, the company shall have the one- time option to:
(a) Operate under the existing agreement as preliminarily approved; or (b) Request the authority to amend the agreement to comply with the amendments to KRS 154.26-090, 154.26-100, and 141.310 in 2004 Ky. Acts ch. 105, secs. 12, 13, 14, and 21.
(2) If, prior to July 13, 2004, the authority has entered into a final agreement with an eligible company, and if the final agreement is still in effect, the company shall have the one-time option to:
(a) Operate under the existing final agreement; or (b) Request the authority to amend only the employee assessment portion of the final agreement to comply with the amendment to KRS 154.26-100 in 2004 Ky. Acts ch. 105, sec. 13.