Ba has a release clause in his deal which this summer had to be activated by July by any club wanting to take advantage of it.
That did not happen but, whilst the current deal remains in place, the clause will continue to be activated during each window, which means in January it will again be active.
Newcastle are looking at a new deal for the 27-year-old, who has shown good form this season with eight goals to his name so far. His current deal expires in 2014.
Reports have claimed that Ba turned down a new deal, but sources close to the club say they are 'ongoing' and it is understood the club remain hopeful that a deal will be agreed.
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