57.9 On the substitution or replacement of a Service Provider due to a breach or default under a Service Contract, Project Co may elect, subject to Clause 57.11 and provided that at the time of making such election no notice of termination has been served under this Agreement, that for the purposes of Clause 40.1.8 (Deductions) and Clause 40.1.9 (Warning Notices) only, all Deductions incurred and Warning Notices served prior to the date of such substitution or replacement shall be disregarded by virtue of Clause 57.10 below.

57.10 If Project Co makes an election pursuant to Clause 57.9 above then, with effect from the date of substitution or replacement of the Service Provider, all Deductions incurred and Warning Notices served prior to that date shall be disregarded for the purposes of Clause 40.1.8 (Deductions) and Clause 40.1.9 (Warning Notices). For the avoidance of doubt, the Authority shall retain the right to make Deductions in accordance with Schedule Part 14 (Payment Mechanism) in respect of the Availability Failures and/or Performance Failures to which the Deductions and/or Warning Notices are attributable.

57.11 Project Co shall be entitled to make an election pursuant to Clause 57.9 on a maximum of two occasions during the Project Term.