The contractor warrants that for each reference period during the availability warranty period, the availability warranty will be met in accordance with any subject to the terms of annex 3.1 (availability warranty). If the wind farm fails to achieve or exceed the availability warranty, the contractor shall pay availability compensation due to the employer as calculated pursuant to annex 3.1 (availability warranty). Payment by the contractor availability compensation shall be without prejudice to the termination right of the employer under sub clause 10.2.1 (contractor default) and the obligation of the contractor to remedy defect under sub clause 7.1 (obligations in respect of defects)