NEC ECC: Would it be a CE if the employer had excluded bullet point 3 of section 9 in their amendments?

Other than some preliminary site investigation (trial holes) the scheme never got underway, and after several months the employer decided to cancel for reason 5, however, clause 92.1 bullet point 3 is amended in the schedule of amnedments to "not used"

As such, I thought that there is no contractual mechanism (as it has been removed) to deal with reason 5, therefore it should be a CE?