71.3  No Better and no Worse

(a)  Any reference in this Agreement to no better and no worse or to leaving the Contractor in a no better and no worse position shall be construed by reference to the Contractor's:

(i)  rights, duties and liabilities under or arising pursuant to performance of this Agreement, the Financing Agreements, the Building Contract, the Leisure Contract and the FM Agreement; and

(ii)  ability to perform its obligations and exercise its rights under this Agreement, the Financing Agreements, the Building Contract, the Leisure Contract and the FM Agreement,

so as to ensure that:

(iii)  the Contractor is left in a position which is no better and no worse in relation to the [key ratios (to include loan life cover and debt service cover ratios) and internal rate of return]211 by reference to the version of the Base Case applicable immediately prior to the Relevant Event than had the Relevant Event not occurred;

(iv)  the ability of the Contractor to comply with this Agreement is not adversely affected or improved as a consequence of the Relevant Event.

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211  Project specific issue - to be discussed with bidders and conformed to Financing Agreements.