11  Assignment

11.1  The Independent Certifier shall not assign or transfer any of its rights or obligations under this Deed or sub-contract the whole or any part of the Services.14

11.2  Neither the Service Provider nor the Authority shall be entitled to assign or transfer any of their respective rights or obligations under this Deed save that the parties hereby consent to any such assignment or transfer which is contemporaneous to the assignment or transfer of the Project Agreement and is made to the same assignee or transferee.  In the event that the Project Agreement is novated to a third party, the term Project Agreement shall include any replacement contract arising from such novation.

11.3  The Independent Certifier shall not be entitled to contend that any person to whom this Deed is assigned in accordance with clause 11.2 is precluded from recovering under this Deed any loss incurred by such assignee resulting from any breach of this Deed (whenever happening) by reason that such person is an assignee and not a named promisee under this Deed.

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14  Where the Independent Certifier intends to sub-contract any part of the Services, this should be stated in the bid submitted to the Authority and additional drafting should be included to identify any such sub-Construction Contractors and to ensure that the Independent Certifier remains liable for the relevant part of the Services. The Authority should consider whether it is appropriate to obtain a warranty from such sub-Construction Contractors.