Common use of Collateral Warranties Clause in Contracts

Collateral Warranties. The Contractor must, as a condition precedent to Completion of the Works or a Stage specified in the Contract Particulars, procure and provide the Commonwealth with the warranties specified in the Contract Particulars: from the relevant subcontractor undertaking or supplying the work or item the subject of the warranty; in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Contract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. If the Contractor is unable to or fails for any reason to provide any Collateral Warranty required by the Contract: the Contractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth will be entitled to elect to take an assignment of all the right, title and interest in the Contractor's rights against the subcontractor in relation to the Contractor's Activities; and for the purpose of subparagraph (ii), the Contractor irrevocably appoints the Commonwealth as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. Provisional Sum Work For each item of Provisional Sum Work the Contract Administrator will give the Contractor an instruction either deleting the item of Provisional Sum Work from the Contract or requiring the Contractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Contract: the Contract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Contract Particulars; the Commonwealth may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Work.

Collateral Warranties. The Contractor must, as a condition precedent to Completion of the Works or a Stage specified in the Contract Particulars, procure and provide the Commonwealth with the warranties specified in the Contract Particulars: from the relevant subcontractor undertaking or supplying the work or item the subject of the warranty; in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Contract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. If the Contractor is unable to or fails for any reason to provide any Collateral Warranty required by the Contract: the Contractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth will be entitled to elect to take an assignment of all the right, title and interest in the Contractor's rights against the subcontractor in relation to the Contractor's Activities; and for the purpose of subparagraph (ii), the Contractor irrevocably appoints the Commonwealth as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. Provisional Sum Work For Clauses 8.7 to 8.12 do not apply unless the Contract Particulars state that they apply. In the Delivery Phase, for each item of Provisional Sum Work the Contract Administrator will give the Contractor an instruction either deleting the item of Provisional Sum Work from the Contract or requiring the Contractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Contract: the Contract Delivery Phase Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Contract Particulars; the Commonwealth may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Work.

Collateral Warranties. The Contractor must, as a condition precedent to Remediation Completion of the Remediation Works or a Stage specified in the Contract Particulars, procure and provide the Commonwealth with the warranties specified in the Contract Particulars: from the relevant subcontractor undertaking or supplying the work or item the subject of the warranty; and in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Contract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. If the Contractor is unable to or fails for any reason to provide any Collateral Warranty required by the Contract: the Contractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth will be entitled to elect to take an assignment of all the right, title and interest in the Contractor's rights against the subcontractor in relation to the Contractor's Activities; and for the purpose of subparagraph paragraph (iid), the Contractor irrevocably appoints the Commonwealth as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under this clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. Provisional Sum Work For each item of Provisional Sum Work the Contract Administrator will give Co-operation with Other Contractors Without limiting clause 5.9(a)(ii), the Contractor an instruction either deleting the item of Provisional Sum Work from the Contract or requiring the Contractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Contractmust: the Contract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Contract Particulars; the Commonwealth may engage an permit Other Contractor Contractors to carry out their work; fully co-operate with Other Contractors; carefully co-ordinate and interface the item of Provisional Sum WorkContractor's Activities with the work carried out or to be carried out by Other Contractors; and carry out the Contractor's Activities so as to avoid inconveniencing, interfering with, disrupting or delaying the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out work of or in connection with the deletion of the item of Provisional Sum WorkOther Contractors.

Collateral Warranties. The Contractor must, as a condition precedent to Completion of the Works or a Stage specified in the Contract Particulars, procure and provide the Commonwealth with the warranties specified in the Contract Particulars: from the relevant subcontractor undertaking or supplying the work or item the subject of the warranty; in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Contract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. If the Contractor is unable to or fails for any reason to provide any Collateral Warranty required by the Contract: the Contractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth will be entitled to elect to take an assignment of all the right, title and interest in the Contractor's rights against the subcontractor in relation to the Contractor's Activities; and for the purpose of subparagraph (ii), the Contractor irrevocably appoints the Commonwealth as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. Provisional Sum Work For Clauses 8.7 to 8.12 do not apply unless the Contract Particulars state that they apply. In the Delivery Phase, for each item of Provisional Sum Work Work, the Contract Administrator will give the Contractor an instruction either deleting the item of Provisional Sum Work from the Contract or requiring the Contractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Contract: the Contract Delivery Phase Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Contract Particulars; the Commonwealth may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Work.

Collateral Warranties. The Contractor must, as a condition precedent to Completion of the Works or a Stage specified in the Contract Particulars, procure and provide the Commonwealth with the warranties specified in the Contract Particulars: from the relevant subcontractor undertaking or supplying the work or item the subject of the warranty; in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Contract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. If the Contractor is unable to or fails for any reason to provide any Collateral Warranty required by the Contract: the Contractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth will be entitled to elect to take an assignment of all the right, title and interest in the Contractor's rights against the subcontractor in relation to the Contractor's Activities; and for the purpose of subparagraph (ii), the Contractor irrevocably appoints the Commonwealth as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. Provisional Sum Work For each item of Provisional Sum Work Work, the Contract Administrator will give the Contractor an instruction either deleting the item of Provisional Sum Work from the Contract or requiring the Contractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Contract: the Contract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Contract Particulars; the Commonwealth may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Work.

Collateral Warranties. The Contractor must, as a condition precedent to Completion of the Works or a Stage specified in the Contract Particulars, procure and provide the Commonwealth with the warranties specified in the Contract Particulars: from the relevant subcontractor undertaking or supplying the work or item the subject of the warranty; in the form of the Collateral Warranty; and for the minimum warranty periods stated in the Contract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. If the Contractor is unable to or fails for any reason to provide any Collateral Warranty required by the Contract: the Contractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth will be entitled to elect to take an assignment of all the right, title and interest in the Contractor's rights against the subcontractor in relation to the Contractor's Activities; and for the purpose of subparagraph paragraph (iie), the Contractor irrevocably appoints the Commonwealth as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under clause 8.6 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth against the Contractor under the Contract or otherwise at law or in equity. Provisional Sum Work For each item of Provisional Sum Work Work, the Contract Administrator will give the Contractor an instruction either deleting the item of Provisional Sum Work from the Contract or requiring the Contractor to proceed with the item of Provisional Sum Work. If an item of Provisional Sum Work is deleted from the Contract: the Contract Price will be reduced by the amount allowed for the item of Provisional Sum Work specified in the Contract Particulars; the Commonwealth may engage an Other Contractor to carry out the item of Provisional Sum Work; and to the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the deletion of the item of Provisional Sum Work.