Common use of Notwithstanding Clause Clause in Contracts

Notwithstanding Clause. 43.5 but subject to Clause 43.3, the Supplier acknowledges and agrees that the Authority may, amongst other things, recover from the Supplier the following Losses incurred by any Commissioning Body to the extent that they arise as a result of a Default by the Supplier: 43.6.1 any additional operation and/or administrative costs and expenses incurred by a Commissioning Body, including interim operational services and the costs relating to time spent by or on behalf of a Commissioning Body in dealing with the consequences of the Default; 43.6.2 the additional cost of procuring Replacement Services for the remainder of the Contract Period and/or replacement Deliverables, which shall include both the respective Commissioning Bodies' internal cost of undertaking the procurement process and the costs payable to the Replacement Supplier(s) for the particular Replacement Services and/or replacement Deliverables; 43.6.3 any wasted expenditure or charges; and 43.6.4 any fine or penalty incurred by a Commissioning Body pursuant to Law and any costs incurred by a Commissioning Body in defending any proceedings which result in such fine or penalty.