3.1.2 Without prejudice to any express remedy or remedies provided for in the contract in relation to any matter (including for the avoidance of the doubt, the right of the employer to terminate the contract pursuant ot sub clause 10.3 (termination by the employer), the employer’ sole and exclusive remedy for the contractor’s breach or failure to achieve the availability warranty shall be the availability compensation payments provided in annex 3.1 (availability warranty). The parties acknowledge and agree that the employer would suffer damage due to any failure to achieve the availability warranty and it is difficult or impossible to determine with precision the amount of damages that would or might be incurred by the employer as a result of such failure. It is therefore understood and agreed by the parties that any sums which would be payable by the contractor to the employers under annex 3.1 (availability warranty) are: