40.3  Continuing Obligations

40.3.1  Save as otherwise expressly provided in this Agreement or as already taken into account in the calculation of any Termination Sum or other payment of compensation on termination pursuant to this Agreement and notwithstanding the provisions of clause 81 (Sole Remedy):

(a)  termination of this Agreement shall be without prejudice to any accrued rights or obligations under this Agreement prior to termination; and

(b)  termination of this Agreement shall not affect the continuing rights and obligations of the Contractor and the Authority under clause 8 (Nature of Land Interests), clause 29 (TUPE and Employees), clause 30 (Pensions), clause 33 (Payment Provisions), Part 7 (Compensation on Termination, clause 55 (Information and Confidentiality), clause 56 (Indemnities, Guarantees and Contractual Claims), clause 56.9 (Insurance), clause 58 (Reinstatement and Change of Requirement After Insured Event), clause 59 (Risks that become Uninsurable), clause 60 (Dispute Resolution), clause 62 (Intellectual Property), clause 69 (Notices), clause 74 (Contractor's Records), clause 79 (Governing Law and Jurisdiction) and clause 83 (Capacity) or under any other provision of this Agreement which is expressed to survive termination or which is required to give effect to such termination or the consequence of such termination.

40.3.2  The clauses of this Agreement which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.