Right to Require Novation Clause Samples

Right to Require Novation. The Parties agree that this Agreement is entered into on a basis that following the issue of the Certificate of Completion of Making Good Defects (or where under the D&B Contract there is more than one such Certificate provided for the [last] of such Certificates)60 it is the intention of the Parties that subject to Sub-Clause 25.3 the Academy assumes full responsibility for the due and proper execution of the D&B Contract and gains the benefit of the D&B Contract in so far as benefits are to be derived from it. Accordingly the Authority undertakes to the Academy to promptly enter into the Deed of Novation in the form set out at Schedule 8 to this Agreement upon demand by the Academy provided that the Authority is entitled at the time such demand is made to procure due compliance by the Contractor with the same obligation under the D&B Contract. 60 There may be circumstances in which there is phasing of the construction works, and the parties wish to agree that the D&B Contract is novated before the last Certificate of Making Good Defects is issued (for example where landscaping or planting is to happen potentially several months after the building is otherwise complete). Thought needs to be given to the agreed trigger point for novation and clause 25 (and if necessary the novation provisions in the D&B Contract) amended accordingly.