21.1  Liquidated Damages/Provision of Temporary Accommodation

[If for any reason an Acceptance Certificate shall not have been issued in relation to a Station by the Planned Services Availability Date, then from the Planned Services Availability Date until (i) the Services Availability Date; or (ii) if earlier, the Termination Date; or (iii) the date on which the Services Availability Date would otherwise have occurred if a Compensation Event occurs following the Planned Services Availability Date and this delays the Services Availability Date, the Contractor shall pay to the Authority by way of liquidated and ascertained damages the Initial Amount together with a further sum calculated at the Periodic Rate for each complete week or part of a week for that Station.]107

OR108

[If for any reason an Acceptance Certificate shall not have been issued in relation to a Station by the Planned Services Availability Date then from the Planned Services Availability Date until (i) the Services Availability Date; or (ii) if earlier, the Termination Date; or (iii) the date on which the Services Availability Date would otherwise have occurred if a Compensation Event occurs following the Planned Services Availability Date and this delays the Services Availability Date, the Contractor, at its own cost, shall provide portakabins or other temporary accommodation within the curtilage of the relevant Site which meets the Authority's Requirements and can be used without interfering with the provision of [Fire Rescue] [Police] Services at the Station to allow the Station to accommodate all necessary personnel.]

OR109

[Without prejudice to the provisions of Part 6 (Termination) of this Agreement, the Authority shall not be entitled to claim liquidated or general damages in respect of the Services Availability Date for any Station occurring after the corresponding Planned Services Availability Date for that Station [or in respect of a Post Completion Works Acceptance Date occurring after its corresponding Planned Post Completion Works Acceptance Date.]110

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107 Authorities may wish to seek LADs in relation to a failure to clear an Existing Station Site if this delays a capital receipt.  In these circumstances it may also want to retain the provisions relating to provision of portakabins since there will also be a need for temporary accommodation as well as LADs.  Generally, insistence on LADs without a project specific need for them is unlikely to offer value for money.

108 In the event that the Acceptance Certificate has not been issued by the Planned Services Availability Date, the Authority may need recourse to either liquidated damages or the provision of temporary accommodation. Drafting has been included to deal with both of these options. The Authority must decide which option is the most appropriate for its project.

109 To be used where no LADs are payable.

110 This may also need to be amended to recognise Post Completion Works on a Project specific basis.