Common use of Protected Parties Clause in Contracts

Protected Parties. 12.1 Any of the protected parties may enforce only the provisions of this Contract that are expressed to confer any rights on them, subject to and in accordance with the Contracts (Rights of Third Parties) Act ▇▇▇▇. 12.2 The Builder and the Buyer may at any time, by agreement between them, rescind this Contract or vary it without the consent of the protected parties. 12.3 If any protected party becomes entitled to bring a claim against the Builder under or in respect of this Contract, the Buyer shall bring such claim against the Builder on behalf of the relevant protected party and all communications, notices and proceedings shall be channelled through the Buyer. 12.4 If any claim is made against the Builder by the Buyer on behalf of a protected party under Clause 12.3, the Builder shall have available to it by way of defence only such matters as would have been available to it by way of defence if the relevant protected party had been a party to this Contract. For the avoidance of doubt, this means that in respect of any claim by the Buyer on behalf of a protected party the Builder shall be entitled to raise any defence that the Builder would have been entitled to raise if the relevant claim had been brought by the Buyer for itself. 12.5 Save as provided above the operation of the Contracts (Rights of Third Parties) Act ▇▇▇▇ ▇▇ hereby excluded.

Protected Parties. 12.1 Any of the protected parties may enforce only the provisions of this Contract that are expressed to confer any rights on them, subject to and in accordance with the Contracts (Rights of Third Parties) Act A▇▇ ▇▇▇▇. 12.2 The Builder and the Buyer may at any time, by agreement between them, rescind this Contract or vary it without the consent of the protected parties. 12.3 If any protected party becomes entitled to bring a claim against the Builder under or in respect of this Contract, the Buyer shall bring such claim against the Builder on behalf of the relevant protected party and all communications, notices and proceedings shall be channelled through the Buyer. 12.4 If any claim is made against the Builder by the Buyer on behalf of a protected party under Clause 12.3, the Builder shall have available to it by way of defence only such matters as would have been available to it by way of defence if the relevant protected party had been a party to this Contract. For the avoidance of doubt, this means that in respect of any claim by the Buyer on behalf of a protected party the Builder shall be entitled to raise any defence that the Builder would have been entitled to raise if the relevant claim had been brought by the Buyer for itself. 12.5 Save as provided above the operation of the Contracts (Rights of Third Parties) Act A▇▇ ▇▇▇▇ ▇▇ is hereby excluded.