9.1  Exclusions of Direct Losses

The indemnities under this Agreement shall not apply and (without prejudice to the Authority's rights under the Payment Mechanism) there shall be no right to claim damages for breach of this Agreement, in tort or on any other basis whatsoever to the extent that any loss claimed by either party is for an Indirect Loss suffered or allegedly suffered by either party.  The Authority agrees that, notwithstanding the foregoing, any losses of the Service Provider arising under the Construction Contract and the FM Contract as originally executed (or as amended in accordance with and subject to clause 3.2 (Changes to Project Documents)) which are not Indirect Losses shall not be excluded from such a claim solely by reason of this clause 9.1.