BACKGROUND

(A)  By a contract dated [             ] (the "Contract") the Authority has appointed [             ] (the "Contractor") to carry out, in relation to the Sites, the provision of residual waste treatment to the Authority at each and every Site/Facility as contemplated by the Contract including the carrying out of the design, construction, commissioning and testing of the Works and the provision of the Services.

(B)  By a design and build contract dated [             ] (the "Construction Sub-Contract") the Contractor has appointed the Construction Sub-Contractor to carry out in relation to the Sites the design, construction, commissioning and testing of the Works.

(C)  The Subcontractor has been appointed by the Construction Sub-Contractor under a contract dated [             ] (the "Subcontract") to provide services in relation to the Works.

(D)  The Subcontractor is obliged under the Subcontract to give a warranty in this form in favour of the Authority.