Common use of Compensation on Termination on Force Majeure Clause in Contracts

Compensation on Termination on Force Majeure. On termination of this Contract under clause 35 (Termination on Force Majeure) in whole or in part, the Authority shall pay to the Contractor the "Force Majeure Termination Sum" in accordance with clauses 38 (Gross Up of Termination Payments) and 39 (Method of Payment). The Force Majeure Termination Sum shall be an amount equivalent to fifty per cent (50%) of the applicable Contractor Breakage Costs provided that for the purposes of the Force Majeure Termination Sum, no loss of profits shall be compensated. If the amount referred to in clause 35.2.1 (Compensation on Termination on Force Majeure) is less than zero, then, for the purposes of the calculation in clause 35.2.1 (Compensation on Termination on Force Majeure) it shall be deemed to be zero. The amount payable under this clause 35.2 (Compensation on Termination on Force Majeure) shall be reduced or extinguished to the extent that the Contractor has already received such amount through the Contract Price or through the financial benefit of any other remedy given under the Contract (or, in the case of a termination of this Contract in part, will receive through future payments of the Contract Price) so that there is no double counting in calculating the relevant payment.