1 In this Section 2 (Safety During Construction) of Schedule Part 6 (Construction Matters) and wherever used elsewhere in this Agreement:
1.1 "CDM Regulations" means the Construction (Design and Management) Regulations 2007 (and "CDM Regulation" shall be construed accordingly); and
1.2 "the client", "the CDM Co-ordinator" and "the Executive" shall have the same meanings as are ascribed to them in the CDM Regulations.
2 In so far as not already done, within [ ] Business Days of the date of execution of this Agreement, Sub-hubco shall make and serve on the Authority a declaration pursuant to and in the form (if any) required by CDM Regulation 8 that Sub-hubco will act as the client in relation to the Works for all the purposes of the CDM Regulations. Notwithstanding the election made by Sub-hubco in relation to CDM Regulation 8, the Authority will comply with its remaining obligations as set out in CDM Regulation 8. During the Project Term, Sub-hubco shall not, and shall not seek to, withdraw, terminate or in any manner derogate from its declaration that it will act as, and its acceptance of its responsibilities as, the client in relation to the Works for all the purposes of the CDM Regulations. The Authority will endorse its consent, in writing, to such election on the said election and return it to Sub-hubco within [ ] Business Days of receipt.
3 Sub-hubco warrants that it has the competence, resources and capacity to, and shall, observe, perform and discharge or shall procure the observance, performance and discharge of:
3.1 all the obligations, requirements and duties of the client arising under the CDM Regulations in connection with the Works and, where necessary, the provision of the Services; and
3.2 all obligations incumbent on the client under any Code of Practice for the time being approved by the Health and Safety Commission pursuant to the Health and Safety at Work etc Act 1974 issued in connection with the CDM Regulations.
4 Sub-hubco shall provide to the Authority's Representative:
4.1 in a substantially complete form on the Actual Completion Date; and
4.2 in final form within [ ] of the Actual Completion Date,
one electronic copy (on computer disk, tape or other format) of each and every health and safety file and construction phase plan prepared by the CDM Co-ordinator pursuant to the CDM Regulations in relation to the Works and the Services and electronic or paper copies of every amendment or update made to such file during the Project Term.