21.1  Liquidated Damages

[If for any reason [an/the] Acceptance Certificate shall not have been issued in relation to [a/the Facility] by the Planned Services Availability Date, then from the Planned Services Availability Date until (i) the Services Availability Date; or (ii) if earlier, the Termination Date; or (iii) the date on which the Services Availability Date would otherwise have occurred if a Compensation Event occurs following the Planned Services Availability Date and this delays the Services Availability Date, the Contractor shall pay to the Authority by way of liquidated and ascertained damages the Initial Amount together with a further sum calculated at the Periodic Rate for each complete week or part of a week for [that/the] Facility.]114

OR115

[Without prejudice to the provisions of Part 7 (Termination) of this Agreement, the Authority shall not be entitled to claim liquidated or general damages in respect of the Services Availability Date occurring after the corresponding Planned Services Availability Date [for that Facility] [or in respect of a Post Completion Works Acceptance Date occurring after its corresponding Planned Post Completion Works Acceptance Date].]

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114  Authorities may wish to seek LADs in relation to failure to clear an Existing Site if this delays capital receipt, however, this must be a genuine pre-estimate of loss.  Generally, insistence on LADs without a project specific reason is unlikely to offer value for money.  

115  To be used where no LADs are available.