Warranties and Acknowledgements. 6.1 The Employer warrants and acknowledges to the Substitute Employer that: 6.1.1 it has at all times observed and performed and is not in breach of the Appointment; and 6.1.2 at the date hereof it has paid to the Consultant all sums due to the Consultant in accordance with the terms and conditions of the Appointment; and 6.1.3 at the date hereof there is no sum or sums due to the Consultant under the Appointment or arising therefrom that have not been discharged by the Employer; and 6.1.4 it is not aware of any breach of the Appointment committed by the Consultant; and 6.1.5 it has not assigned the Appointment nor any benefit arising under or from that Appointment to any third party and it is not holding any such benefit on trust for any third party. 6.2 The Consultant acknowledges that, prior to entering into this agreement, it has inspected a copy of the Contract (including all documents comprising the Contract). The Consultant further acknowledges that any breach of the Appointment (whether on or before the date of this agreement or at any time thereafter) may result in the Substitute Employer incurring liabilities under or arising out of the Contract and/or other contracts that the Substitute Employer has or may enter into. 6.3 The Consultant shall, within 14 days of each request made from time to time by the Employer execute and deliver: 6.3.1 where requested, a deed of collateral warranty in the form annexed at Appendix 3 to this agreement; and 6.3.2 where requested, a deed or deeds of collateral warranty in the form set out in the Appointment in favour of the third parties described in the Appointment.
Appears in 1 contract
Sources: Design and Build Contract
Warranties and Acknowledgements. 6.1 The Employer warrants and acknowledges to the Substitute Employer that:
6.1.1 : it has at all times observed and performed and is not in breach of the Appointment; and
6.1.2 and at the date hereof it has paid to the Consultant all sums due to the Consultant in accordance with the terms and conditions of the Appointment; and
6.1.3 and at the date hereof there is no sum or sums due to the Consultant under the Appointment or arising therefrom that have not been discharged by the Employer; and
6.1.4 and it is not aware of any breach of the Appointment committed by the Consultant; and
6.1.5 and it has not assigned the Appointment nor any benefit arising under or from that Appointment to any third party and it is not holding any such benefit on trust for any third party.
6.2 . The Consultant acknowledges that, prior to entering into this agreement, it has inspected a copy of the Contract (including all documents comprising the Contract). The Consultant further acknowledges that any breach of the Appointment (whether on or before the date of this agreement or at any time thereafter) may result in the Substitute Employer incurring liabilities under or arising out of the Contract and/or other contracts that the Substitute Employer has or may enter into.
6.3 . The Consultant shall, within 14 days of each request made from time to time by the Employer execute and deliver:
6.3.1 : where requested, a deed of collateral warranty in the form annexed at Appendix 3 to this agreement; and
6.3.2 and where requested, a deed or deeds of collateral warranty in the form set out in the Appointment in favour of the third parties described in the Appointment.
Appears in 1 contract
Sources: Design and Build Contract