(a) (Sole remedy): Except in circumstances where the State elects to terminate this Deed as a result of a Default Termination Event and subject to clause 26.3(b), the State acknowledges and agrees that the State's sole financial remedy, and Project Co's sole financial liability, for a failure to achieve Commercial Acceptance by the Date for Commercial Acceptance, is limited to the amount of the Service Payment not required to be paid by the State in those circumstances.
(b) (Preservation of rights and Liabilities): Project Co acknowledges and agrees that clause 26.3(a) does not limit the State's rights and Project Co's Liability in respect of an event giving rise to the delay or the consequences of such event, other than the delay itself.