21.1  Indemnity

If the [Initial Refurbishment] Works to be undertaken [to any Dwelling] to achieve the relevant Availability Standards are not, after such [Initial Refurbishment] Works [to such Dwelling] have commenced, completed [by   [  ]] [within a reasonable period, having regard to the nature of the [Initial Refurbishment] Works required to make the Dwelling Available] and to any extension of time permitted under the terms of this Agreement including in relation to the occurrence of any Force Majeure Event, Relief Event, Compensation Event, a change undertaken in accordance with the Change Protocl or Change in Law or the [Refurbishment Works Completion Date] [Services Commencement Date] has not occurred by the [Planned Refurbishment Works Completion Date] [Planned Services Commencement Date], the Contractor shall:-

21.1.1  indemnify the Authority against Losses incurred by the Authority (in respect of the Unavailable Dwellings (except those Dwellings which are Unavailable as a result of a Refurbishment Works or Services Denial Event)) as a consequence of the failure by the Contractor to procure that the Dwellings have met the Availability Standards Rented (Full) or the Availability Standards Leasehold (Full) by the expiry of the reasonable period or the [Planned Refurbishment Completion Date] [Planned Services Commencement Date] as applicable;

21.1.2  without prejudice to the generality of clause 21.1.1 (Indemnity) save where the satisfaction of the Output Specification does not require the provision of alternative accommodation for the duration of the [Initial Refurbishment] Works (unless such is required due to a breach of the Agreement by the Contractor), at the option of the Authority either:-

(a)  reimburse to the Authority the proper costs reasonably incurred by the Authority in providing Suitable Alternative Accommodation and associated arrangements to Tenants who are occupying such Dwellings; or

(b)  provide at the Contractor's expense to Tenants who would otherwise be occupying such Dwellings, Suitable Alternative Accommodation in a location within reasonable travelling distance of such Dwellings having regard to the particular circumstances of the Tenants concerned and provide such additional or alternative ancillary services as may be required to enable the Suitable Alternative Accommodation to be used by such Tenants.

21.1.3  pay or allow the Authority liquidated and ascertained damages at the daily rate of [insert date] until the [Planned Refurbishment Completion Date] [Planned Services Commencement Date] is achieved].180

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180  Likely to be more relevant for non HRA and new build projects