13.5  Sole Remedy for delay

13.5.1  A breach of Clause 13.1.1 or 13.1.2 or Clause 16.5 (Construction Programme) shall not of itself be capable of giving rise to a Contractor Default under limb (a) of that definition and the Authority's remedy for the Contractor not achieving the Readiness Date by the Planned Readiness Date, the Services Commencement Date by the Planned Services Commencement Date (or any other failure to use reasonable endeavours to comply with the Construction Programme) is limited to:

(a)  the operation of Schedule 4 (Payment Mechanism) (or, as applicable, any delay in its operation becoming effective because Services Commencement has not been achieved); and/or

(b)  termination under Clause 67 (Termination for Contractor Default) pursuant to limb (l) or (m) of the definition of Contractor Default); and/or,

(c)  where applicable, Clause 69 (Termination on Force Majeure); [and/or]

(d)  [the Delay Damages or Interim Services provisions in Clause 20 (Delays)].29




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29  See footnote to Clause 20 (Delays) for guidance in relation to liquidated damages.