8.5  Compliance with Disclosed Title Matters

8.5.1  In respect of [  ]161 of each Site the Contractor hereby acknowledges and agrees that it has been provided with copies of all the Disclosed Title Matters, Replies to Enquiries and Disclosed Searches listed in Parts 2, 3 and 4 respectively of Schedule 26 (Title Matters) and that all such matters that are disclosed within the Disclosed Title Matters, Replies to Enquiries and Disclosed Searches are disclosed against the warranties set out in Part 1 of Schedule 26 (Title Matters).

8.5.2  The Contractor shall without prejudice to clause 6.4 (Authority Title Warranty) procure that:

(a)  the carrying out of the Works and the provision of the Services at [ ] of each Site by or on behalf of the Contractor (whether before, during or after the completion of the Works) shall be carried out in a manner which does not breach any provisions of the Disclosed Title Matters relating to [  ] of that Site; and

(b)  in carrying out the Works and providing the Services at [  ] of each Site, there shall be no action, or omission to act by the Contractor or any Contractor Related Party, which shall give rise to a right for any person to obtain title to or any right or interest over [  ] of a Site or any part of it (save in accordance with the terms of this Agreement);

8.5.3  the Authority is indemnified in full from and against all Losses suffered or incurred by the Authority as a result of or in connection with any breach of this clause 8.5. (Compliance with Disclosed Title Matters).

__________________________________________________________________________________________

161  This warranty is to relate only to those areas of each Site where the Contractor is to carry out new build works. How these areas are to be referred to in the PA to be determined.