86.2  Common Law Rights of the Authority

Subject to:

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

86.2.2  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 pursuant to Part 7 Compensation on Termination);

86.2.3  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 6 (Payment Mechanism).

86.2.4  Nothing in clause 87 shall prevent or restrict the right of the Authority to seek injunctive relief or a decree of specific performance or other discretionary remedies of the court.