10  Savings

10.1  Save for any claims arising out of or connected with clause 5 and (subject to the provisions thereof) clause 11 (so far as applicable to clause 5) the Authority shall not be entitled to commence any legal proceedings against the Sub-Contractor or the Guarantor under this Agreement before the Contract has been terminated or is otherwise of no force or effect.

10.2  Notwithstanding any other provision of this Agreement the duties and liabilities owed by the Sub-Contractor hereunder shall be no wider or greater than the duties and liabilities the Sub-Contractor would owe to the Authority under the Sub-Contract if (and the same defences to any claim brought by the Authority shall be available to the Sub-Contractor as if) in lieu of this Agreement the Authority had been a joint employer under the Sub-Contract provided that the Sub-Contractor shall not be entitled to raise in defence of any claim brought under this Agreement or to reduce any amount otherwise payable under this Agreement any set-off or counterclaim available to the Sub-Contractor under the Sub-Contract.

10.3  The Authority shall not be entitled to commence proceedings against the Sub-Contractor or the Guarantor under this Agreement in respect of any claim after the date on which any proceedings against the Sub-Contractor in respect of such claim would, if brought under the Sub-Contract, have been barred or statute barred (whichever shall be the first to occur).