63.8  Sub-Contractor Losses

Where:

(a)  a Sub-Contractor is entitled to claim any compensation and/or relief from the Contractor under the Sub-Contracts; and

(b)  the Contractor subsequently makes a claim against the Authority under this Agreement in relation to such compensation and/or relief,

the Authority waives any right to defend the Contractor's claim on the ground that the Contractor is only required to pay compensation or grant relief to the Sub-Contractor under the Sub-Contracts to the extent that the same is recoverable from the Authority