Background

(A)  By a project agreement dated [                ] (the "Project Agreement") the Authority has appointed the Contractor to carry out, in relation to the Sites, the provision of serviced accommodation to the Authority at each and every Station as contemplated by the Project Agreement including the carrying out of the Works and the provision of the Services design and construction of the Works.

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

(C)  The Consultant has been appointed by the Building Contractor under a [letter/deed] of appointment dated [                ] (the "Appointment") to provide services in relation to the Works.

(D)  The Consultant is obliged under the Appointment to give a warranty in this form in favour of the Authority