Delete and substitute. If the Contractor is or becomes insolvent, the Contractor shall so notify the Employer forthwith and either Party may at any time by notice to the other, terminate the Contractor's employment under this Contract.'
Delete and substitute. The final date for payment of an Interim Payment and the final payment shall be 23 days from the later of its due date and the date of receipt by the Employer of a VAT invoice in respect of the amount due."5
16.1 Delete and substitute: "The Employer shall be under no fiduciary obligation with regard to any Retention, and any right of the Employer to deduct or set-off any amount (whether arising under any express term or under any rule of law or equity) shall be exercisable against any monies due or to become due to the Contractor, whether or not such monies consist of or include any Retention."
Delete and substitute. The Employer shall have no obligation to segregate the Retention or any part thereof in a separate bank account, or in any other manner; and shall be entitled to the full beneficial interest in the Retention and every part thereof (and, without limitation, interest thereon and income arising therefrom) unless and until the Retention is paid to the Contractor pursuant to this Contract." Clause 4.21.2.2 After "Contract" insert "unless the opening up for such inspection or test was reasonably required by reason of any similar, equivalent or associated work, materials or goods having been shown by previous inspection or test not to be in accordance with the Contract." Insert the following new clause: "Clause 4.21A Notwithstanding any other provision, the Contractor shall not become entitled to the addition of any amount to the Contract Sum nor to any other financial adjustment under clause 4.20 in respect of any costs, loss or expenses incurred by reason of any error, omission, negligence or default of the Contractor or of any sub-contractor or supplier or of any of their employees or agents."
Delete and substitute. This Contract is not intended to confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999.'
Delete and substitute. The Contractor warrants that there has been exercised and will be exercised in the design of the Contractor's Designed Portion and each and every part of the same all the skill and care reasonably to be expected of duly qualified and experienced designers undertaking the design of works similar in scope and character to the Contractor's Designed Portion or such part of the Contractor's Designed Portion.'
Delete and substitute. The Employer shall be under no fiduciary obligation with regard to the percentage of the total value not included in the amounts of the interim payments to be certified under clauses 4.8.2 (Retention); and any right of the Employer to deduct or to set off any amount (whether arising under any express term or under any rule of law or of equity) shall be exercisable against any monies due or to become due to the Contractor, whether or not such monies consist of or include any Retention.'
Delete and substitute. In case of permanent reductions due to store closings Meat Managers, Deli Managers Bakery Managers, Seafood Clerk-In-Charge, Cheese Shop Clerk-In-Ch'arge - they shall be given the option of displacing the least Senior employee in the respective Journeyman, Deli Clerk, Scratch Xxxxx, Cheese Shop Clerk, Seafood Clerk classi fication as outlined above. In the event a store is closed, the Department Head/Clerk-In-Charge may exercise his or her Seniority over the Junior Department Head/Clerk-In-Charge in his or her current or lower volume, or may accept a lower classification within their Departmental classification as outlined under "Application of Seniority". Employees, other than Department Heads/Clerks-In-Charge may exercise their Seniority Rights in case of store closures, as outlined under "Application of Seniority".
Delete and substitute. “If the Contractor is or becomes Insolvent, the Contractor shall so notify the Employer forthwith and either Party may at any time by notice to the other, terminate the Contractor’s employment under this Contract.”
Delete and substitute. “The Employer may assign the benefit of this Contract without the consent of the Contractor. The Contract may not assign the benefit of the Contract”
Delete and substitute. “Subject to Article 2, the Employer/Contract Administrator may, without invalidating this Contract, order any additions to or omissions from or may vary the sequence of or the timescale for execution of the contract services if such additions omission or variation is reasonably required to ensure that the Works are completed in accordance with this Contract and the Contract Documents. Any such instructions shall not vary the Contract Sum.”
