65.3  No Better and no Worse

65.3.1  Any reference in this Agreement to "no better and no worse" or to leaving the Contractor in a "no better and no worse position" shall be construed by reference to the Contractor's :

(a)  rights, duties and liabilities under or arising pursuant to performance of this Agreement, the Financing Agreements, the [Building][Refurbishment] Contract, the Housing Management Agreement and the Responsive Repairs & Cyclical Maintenance and Renewal Contract; and

(b)  ability to perform its obligations and exercise its rights under this Agreement, the Financing Agreements, the [Building] [Refurbishment] Contract and the Housing Management Agreement and the Responsive Repairs and Cyclical Maintenance and Renewal Contract,

so as to ensure that:

65.3.2  the Contractor is left in a position which is no better and no worse in relation to the [key ratios (to include loan life cover and debt service reserve) and internal rate of return] by reference to the version of the Base Case applicable immediately prior to the Relevant Event than had the Relevant Event not occurred; and

65.3.3  the ability of the Contractor to comply with this Agreement is not adversely affected or improved as a consequence of the Relevant Event.