respect of any employee of either party, or any tenant or any resident of the Employer.” Add “Contract” “means the Agreement, Conditions, the Schedule of Amendments to JCT Minor Works Building Contract and all documents attached thereto (Specification, Health & Safety, Quotation Response, Insurance and Equality and Diversity)” Add “Contractor” the person named as the Contractor in the Agreement.” Add “Contractor Default” “means any of the circumstances set out in clause 6.4.1 (Default by Contractor)” definition of “Contract Documents” Delete existing definition and replace as follows: the Agreement, Conditions, the Schedule of Amendments to JCT Minor Works Building Contract and all documents attached thereto (Specification, Health & Safety, Quotation Response, Insurance and Equality and Diversity).” Amend definition of "Contractor's IT System" “means the information technology system (being software, hardware, any interfaces, and any combination of them) used by the Contractor in connection with the Works.” Add “Default Notice” “means a notice issued by the Employer under Clause 21 (Default notice) registering formally a breach of this Contract” Add “Designated Officer” Contracts Manager, Asset Management Add "Employer" "means the person named as Employer in the Agreement which expression shall include all permitted assigns or transferees under this Contract and successors in title". Amend definition of "Interest Rate" Before the full stop insert: "which the Parties hereby agree shall be a substantial remedy within the meaning of the Late Payment of Commercial Debts (Interest) Act 1998." Add “Law” “means any : • Act of Parliament • Subordinate legislation (as defined in Section 21(1) of the Interpretation Act 1978) • Exercise of the Royal Prerogative • Enforceable community right (as defined in Section 2 of the European Communities Act1972) and any Determination, direction or statutory guidance having the force of law” Add “Order” “means electronic instructions given by a Designated Officer/Contract Administrator to the Contractor quoting the unique property reference number, unique contractor reference code and a description of the property providing the written description and/or drawings of any work and/or the supply of labour, plant, materials and/or goods to be
of any claim made by the Beneficiary under this deed and (in that capacity) from conducting and settling it as they see fit.] Assignment The Beneficiary may at any time assign the benefit of this deed and/or any rights arising it by way of absolute legal assignment [to any further person providing finance or re-finance in connection with the Orders] [to any subsequent purchaser of Beneficiary’s interest in the Property (subject to a maximum of two such assignments) and/or by way of charge to any mortgagee of the Property] on notice to the Contractor, without the consent of the Contractor being required. Third parties Any holding or subsidiary company of the Beneficiary or any company associated with it may in its own right enforce any term of this deed. Except as provided in clause 8.1, it is not intended that any third party (other than the Beneficiary) should have the right to enforce a provision of this deed pursuant to the Contracts (Rights of Third Parties) Act 1999. The parties may rescind or vary this deed without the consent of a third party to whom an express right to enforce any of its terms has been provided. [Warranties in favour of others The Contractor shall, within 14 days of being requested so to do by the Beneficiary, execute and deliver to the Beneficiary a deed of collateral warranty (in terms substantially similar to this deed but excluding clauses 3, 4 and 9) in favour of any person who acquires an interest in the Property from the Beneficiary and/or any first person who has entered into a lease or an agreement for lease for any part of the Property, provided that a collateral warranty in favour of such person has not already been requested by the Employer under the Contract.] remedies Nothing in this deed in any way limit or affect any other rights or remedies (whether under any contract, at law, in equity or otherwise) which the Beneficiary would have against the Contractor in the absence of this deed. The liability of the Contractor under this deed shall not be released, diminished or in any other way affected by: the appointment by the Beneficiary of any person to survey the Property or to monitor the carrying out of the Orders or to inspect any documents relating to them on behalf of the Beneficiary or the failure to appoint such a person;