Warranties Unaffected. The Contractor: acknowledges that it is aware that substantial work has already been performed upon the design of the Works by the Commonwealth's Novated Design Consultants in preparing the Works Description; warrants that it has checked and carefully considered the design work referred to in paragraph (a) and that the design work is proper, adequate and suitable for the purposes for which the Works are intended; and agrees that: the warranties given in the Contract (including those in clause 6.6) will remain unaffected; it will comply with its obligations to complete the Works as required by the Contract; and it will bear and continue to bear full liability and responsibility for the design and construction of the Works in accordance with the Contract (including the risk of any Defects which may arise (whether directly or indirectly) as a result of or in any way in connection with any design work prepared by the Commonwealth's Novated Design Consultants incorporated into the Works Description), and that this will not affect its obligations to complete the Works in accordance with the Contract or thereafter its obligations during the Defects Liability Period, notwithstanding paragraph (a) and that it is required to: adopt the design which was prepared by the Commonwealth's Novated Design Consultants incorporated into the Works Description; and accept a novation of the agreements between the Commonwealth and the Commonwealth's Novated Design Consultants under clause 6.13.
Warranties Unaffected. The Contractor acknowledges that the warranties in clause 5 remain unaffected despite:
(a) that the design of all or any portion of the Works has been carried out by or on behalf of the Contractor or subject to any requirements of Viterra; and
(b) any Variation of the Works made pursuant to this Contract.
Warranties Unaffected. The Contractor:
Warranties Unaffected. The Housing Support Provider acknowledges the Housing Support Provider’s obligations and warranties under this Deed remain unaffected notwithstanding:
(a) any receipt, review, comment or direction of any aspect of the letting of the Premises by the Director; or
(b) any failure by the Director to do any of the things referred to in clause (a).
15.1 Notices and orders
(a) notify the Director of the receipt of a notice or order received from a Government Body relating to:
(i) a serious and/or material health or safety issue in respect of the Premises;
(ii) the Housing Support Provider's management of the Premises;
(b) notify the Director of any serious concerns or queries raised by any Government Body, or any non-Government Body with an interest in the welfare of any persons who may occupy or frequent the Premises;
(c) notify the Director of any damage or defect to the Premises caused or arising as a result of the Housing Support Provider exercising any of its rights conferred under this Deed;
(d) comply with the requirements of any notice or order received from a Government Body in respect of the Premises and/or the Housing Support Provider's management of the Premises; and
(e) comply with all reasonable notices issued by the Director to the Housing Support Provider relating to the Housing Support Provider’s obligations under this Deed.
Warranties Unaffected. The Managing Contractor acknowledges and agrees that:
(a) the warranties in subclause 2.2, the Managing Contractor’s design obligations and the Managing Contractor’s warranties, obligations and liabilities under the Contract and at law, remain unaffected; and
(b) the Managing Contractor will bear and continue to bear full liability and responsibility in accordance with the Contract for the performance of the Services at its cost, notwithstanding any one or more of the following:
(c) that design work (including the preliminary design) has been carried out by or on behalf of the Principal and included in the Works Brief;
(d) that any ambiguities, errors, inconsistencies, discrepancies or omissions exist in the Works Brief;
(e) that any part of the design included in Works Brief is described as having been completed to any stage, including "Approved for Construction", "Preliminary Design Review", "System Concept Review", "Critical Design Review" or otherwise, and an error or omission exists in the design which requires the design to be amended and which requires the Managing
(f) that the Managing Contractor is required to engage the Designers in connection with the
(g) the involvement of subcontractors in the execution of any of the Services;
(h) any receipt or review of, or comment on, or rejection or approval of, or permission to use or deemed permission to use, or expression of satisfaction or dissatisfaction with:
Warranties Unaffected. The Developer acknowledges that the warranties in clause 5.1 will remain unaffected notwithstanding:
(a) any:
(i) receipt or review of;
(ii) comment on; or
(iii) acceptance of, the Design Documents, by WW;
(b) the provision of any information and data concerning the Development by or on behalf of WW; or
(c) the granting by WW of Accreditation to the Consultant or the Contractor.
Warranties Unaffected. The Contractor acknowledges that the warranties in Clause 4.1 and the Contractor's Design Obligations shall remain unaffected notwithstanding:
(a) that design work (including the Preliminary Design) has been carried out by or on behalf of the Principal and included in the Principal's Project Requirements;
(b) that the Contractor has entered into a novation of any prior contract between the Principal and a consultant of the Principal under Clause 10 and thereafter has retained that consultant in connection with the work under the Contract;
(c) any receipt or review of, or comment or direction on, the Design Documents by the Superintendent;
(d) any variation under Clause 40;
(e) any receipt or review of or comment, agreement, approval, authorisation, certificate, decision, demand, determination, explanation, instruction, notice, order, permission, rejection, request or requirement by the Principal, the Superintendent, or any contractor, Consultant, agent or employee of the Principal (but not including the Contractor);
(f) any change made to the Design Documents as a consequence of, or in accordance with a direction of the Superintendent, the Principal or any contractor, Consultant, agent or employee of the Principal (but not including the Contractor); or
Warranties Unaffected. Inspection, payment, or use by MCC of any services hereunder does not affect any representations and warranties acknowledged by the Contractor under this Agreement.
Warranties Unaffected. (a) The Company and the Trustee shall not be relieved of any liability in respect of the warranties in clause 7.1 or 7.1A because they or either of them have been obliged to adopt the Project Scope and Technical Requirements.227
(b) The liability and responsibility of the Company and the Trustee under this Deed for the design and construction of the Link will not be affected by the Independent Reviewer making or giving or failing to make or give any:
(i) opinion;
(ii) comment or specification; or
(iii) notice, in relation to any Design Documentation.
Warranties Unaffected. The Agency acknowledges the Agency's obligations and warranties under this Agreement remain unaffected notwithstanding:
6.8.1 any receipt, review, comment or direction on any aspect of the sub-letting of the Premises by the Director; or
6.8.2 any failure by the Director to do any of the things referred to in Clause 6.8.1.
