81.2  Sole Remedy

Subject to:

81.2.1  any other express right of the Authority pursuant to this Agreement; and

81.2.2  the Authority's right to claim, on or after termination of this Agreement, the amount of its reasonable costs, losses, damages and expenses suffered or incurred by it as a result of rectifying or mitigating the effects of any breach of this Agreement by the Contractor, save to the extent that the same has already been recovered by the Authority pursuant to this Agreement or has been taken into account to calculate any compensation payable by the Authority pursuant to clauses 42 (Compensation on Termination for Force Majeure), 43 (Compensation on Termination for Contractor Default), 44 (Compensation on Termination for Authority Default/Voluntary Termination) or 45 (Compensation on Corrupt Gifts, Fraud and Refinancing Breaches);

the sole remedy of the Authority in respect of a failure to provide the Services in accordance with this Agreement shall be the operation of Schedule 4 (Payment Mechanism).