40.2  Continuing Obligations

Save as otherwise expressly provided in this Contract or as already taken into account in the calculation of any Termination Sum or other payment of compensation on termination pursuant to this Contract and notwithstanding the provisions of clause 62 (Sole Remedy):

(a)  termination of this Contract shall be without prejudice to any accrued rights or obligations under this Contract as at the Termination Date; and

(b)  termination of this Contract shall not affect the continuing rights of the Authority and the Service Provider under clause 26.2 (Payment), clause 30 (Indemnity), clause 31 (Insurance), clause 32 (TUPE and Employment Matters)/[clause 32A (Employment Matters)], clause 33 (Pensions), clause 34 (Intellectual Property Rights), clause 35.1 (Confidentiality), clause 36 (Freedom of Information), clause 38 (Service Provider Records), clause 44.6 (Compensation on Termination), clause 45 (Consequences of Termination/Expiry), clause 47 (Assignment and sub-contracts), clause 55 (General assistance and co-operation), clause 57 (Notices), clause 66 (Law of the Contract and Jurisdiction), Schedule 8 (Payment Mechanism), Schedule 13 (Compensation on Termination), Schedule 19 (Dispute Resolution Procedure), Schedule 21 (Insurance Matters) or any other provision of this Contract which is expressed to survive termination or which it is required to give effect to such termination or the consequences of such termination.