55.3  Exclusivity of Remedy

Any and all sums irrevocably paid by the Authority to the Contractor under this Part 7 shall be in full and final settlement of each party's rights and claims against the other for breaches and/or termination of this Agreement or any Project Document whether under contract, tort, restitution or otherwise, but without prejudice to:

55.3.1  any antecedent liability of the Contractor to the Authority which the Authority has been unable to set off pursuant to clause 55.2 of this Agreement;

55.3.2  any antecedent liability of either party to the other that arose prior to the Termination Date (but not from the termination itself) to the extent such liability has not already been taken into account in determining or agreeing the Authority Default Termination Sum, Adjusted Highest Compliant Tender Price, or Termination Sum as the case may be; and

55.3.3  any liabilities arising in respect of any breach by either party of their obligations under clause 46.3 of this Agreement which arises or continues after the Termination Date to the extent not taken into account in the calculation of any Termination Sum or other payment of compensation on termination pursuant to this Agreement.