(A) The Beneficiary and Sub-hubco have entered into an agreement for the design, build, finance and maintenance of [insert name of Facilities] (the "Project") on or about the date hereof (the "DBFM Agreement").
(B) Sub-hubco and the Contractor have entered into a contract (the "Construction Contract") on or about the date hereof for the design and construction of the Project (the "Contract Works").
(C) The Contractor has entered or intends to enter into an agreement with the Consultant whereby the Consultant will provide certain [design] services (the "Services") in connection with the Project ("the Appointment") as more particularly described in the Appointment.
(D) It is a condition of the Appointment that the Consultant enters this Agreement with the Beneficiary.
(E) The Beneficiary shall be entitled to rely and is deemed to have relied on the Consultant's reasonable skill, care and diligence in respect of all matters covered by this Agreement insofar as they relate to the Services provided by the Consultant under the Appointment.
NOW IT IS AGREED as follows: