NOVATION OF THE AGREEMENT. 2.1 LUL hereby releases and discharges each of the Licensee and the Guarantor from the further performance of its obligations and duties and from all claims, liabilities and demands of whatsoever nature and howsoever arising under or in connection with the Agreement (including without limitation in respect of all and any obligations, duties, claims, liabilities and demands under or in connection with the Agreement whether past, present, future or contingent, accrued or accruing prior to the date of this Deed or otherwise).
2.2 LUL undertakes to be bound to the Novatee by the terms of the Agreement in every way as if the Novatee was and always had been a party thereto in place of the Licensee and the Guarantor.
2.3 LUL acknowledges and agrees that the Novatee shall have the right to enforce the terms of the Agreement and pursue all claims and demands (future or existing) against LUL whatsoever arising out of or in respect of the Agreement and whether arising prior to or subsequent to the date of this Deed.
2.4 The Novatee undertakes to be bound to LUL by the terms of the Agreement and to perform the obligations and duties on the part of the Licensee and the Guarantor thereunder in every way as if the Novatee was and always had been a party thereto in place of the Licensee and the Guarantor and without limitation to be responsible for all claims, liabilities and demands whatsoever nature and howsoever arising under or in connection with the Agreement (including without limitation in respect of all and any obligations, duties, claims, liabilities and demands under or in connection with the Agreement whether past, present, future or contingent, accrued or accruing prior to the date of this Deed or otherwise).
NOVATION OF THE AGREEMENT. 1.1 The Employer hereby releases and discharges the Consultant from any and all obligations and liabilities owed to the Employer under the Consultancy Agreement.
1.2 The Consultant undertakes to perform the Consultancy Agreement and to be bound by its terms in every way as if the Building Contractor were, and had been from the inception, a party to the Consultancy Agreement in lieu of the Employer.
1.3 The Consultant hereby releases and discharges the Employer from any and all obligations and liabilities owed to the Consultant under the Consultancy Agreement and accepts the liability of the Building Contractor under the Consultancy Agreement in lieu of the liability of the Employer.
1.4 Without prejudice to Clause 1.2, the Consultant warrants to the Building Contractor that it shall be liable for any loss or damage suffered or incurred by the Building Contractor arising out of any negligent act, default or breach by the Consultant in the performance of its obligations under the Consultancy Agreement prior to the date of this Deed. Subject to any limitations of liability in the Consultancy Agreement, the Consultant shall be liable for such loss or damaged notwithstanding that such loss or damage would not have been suffered or incurred by the Employer (or suffered or incurred to the same extent by the Employer).
1.5 The Consultant acknowledges that all fees and expenses properly due to the Consultant under the Consultancy Agreement up to the date of this Deed have been paid by the Employer.
1.6 The Building Contractor undertakes to perform the Consultancy Agreement and to be bound by its terms in every way as if the Building Contractor were from the inception, a party to the Consultancy Agreement in lieu of the Employer.
1.7 References in the Consultancy Agreement to the Project Manager shall be deemed to be deleted, except in relation to clause 5 of the Agreement, where references to the Project Manager shall be replaced by references to the Client.
NOVATION OF THE AGREEMENT. 2.1 As from the Effective Date, the Transferor unconditionally and irrevocably releases and discharges the Continuing Party from further performance or discharge of the obligations and liabilities of the Continuing Party owed to the Transferor under the Agreement and from all future claims and demands in respect of the Agreement.
2.2 As from the Effective Date, the Transferee accepts the liability of the Transferor under the Agreement and undertakes with the Continuing Party to observe and perform all the obligations and to discharge all the liabilities of the Transferor arising under the Agreement and shall be bound by the terms of the Agreement in every way as if the Transferee had at all times been a party to the Agreement in place of the Transferor.
2.3 The Continuing Party unconditionally and irrevocably releases and discharges the Transferor from further performance or discharge of the obligations and liabilities of the Transferor owed to the Continuing Party under the Agreement and from all future claims and demands in respect of the Agreement as from the Effective Date and accepts the liability of the Transferee to undertake such performance or discharge pursuant to clause 2.2 of this Novation Agreement in lieu of the liability of the Transferor.
2.4 The Continuing Party agrees to be bound by the terms and conditions of the Agreement in every way as if the Transferee and the Continuing Party had always been named as parties to the Agreement, and accordingly the Continuing Party acknowledges and agrees that the Transferee shall have the right to enforce the Agreement and pursue all future claims and demands by the Transferor in respect of the Agreement as from the Effective Date.
2.5 Nothing in this Novation Agreement shall operate to discharge the Continuing Party or the Transferor from any liability or affect or prejudice any claim or demand which either the Transferor or the Continuing Party may have against the other in respect of matters arising prior to the Effective Date.
