39.5 In relation to a Relevant Change in Law referred to in Clauses 39.3(a) (Discriminatory) or 39.3(b) (NHS Specific), any compensation payable, or reduction to the Service Payments, pursuant to this Clause shall be calculated on the basis that Project Co shall be placed in no better or worse position than it would have been in had the Relevant Change in Law not occurred, and any assessment of whether Project Co is in a better or worse position shall take account (inter alia) of the provisions of Clauses 39.4(c)(v) and 39.4(c)(vi) (Failure to mitigate) and:
(a) the extent to which Project Co has been (or will be) compensated as a result of any indexation of the Service Payments under this Agreement;
(b) any decrease in its costs resulting from any Relevant Change in Law; and
(c) any amount which Project Co will recover under any insurance policy (or would have recovered if it had complied with the requirements of this Agreement or of any policy of insurance required under this Agreement) which amount, to avoid doubt, shall not include the amount of any excess or deductibles or any amount above the maximum insured amount applicable to such insurance policy.
Project Co shall not be entitled to any other payment or compensation or, save as expressly provided otherwise in this Agreement, relief in respect of such Relevant Change in Law or associated Variation (or the consequences of either) and the provisions of Clause 41.10 (Delay Events - Compensation) shall be construed accordingly.