4 Collateral Warranties [and Surveys] 82 83

4.1 The Contractor shall:

(a) [deliver the Collateral Warranties from the Building Contractor, the Building Sub-Contractor, each member of the Professional Team, the Leisure Operator and the FM Contractor(s) to the Authority within [ten/twenty (10)/(20)] Business Days of the date of this Agreement;84]

(b) not engage any new Building Contractor, any new Leisure Operator or any new FM Contractor(s) (and shall procure that the Building Contractor shall not engage any Building Sub-Contractor or any new member of the Professional Team) in connection with the Project unless such person has delivered to the Authority a duly executed agreement substantially in the Agreed Form of the Collateral Warranty duly executed as a deed and in each case such Collateral Warranties must be delivered to the Authority before such entity enters onto [any/the] Site.85

4.2 The Authority shall:

(a) [deliver the Buildings Survey to the Contractor prior to the date of this Agreement];86 and

(b) [deliver the Asbestos Survey to the Contractor prior to the date of this Agreement.]87

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82 The collateral warranty obligations of the principal sub-contractors to the Contractor ought to be guaranteed by a suitable parent company, also to be a party to such collateral warranties.

83 Additional warranties may be required from other leisure sub-contractors where an Industrial and Provident Society or other Not for Profit Distributing Organisation is adopted.

84 This time period has been included in the event that there are consultants providing warranties whose appointments have not been finalised at the date of close. In all other circumstances the warranties should be required to be in place as at the date of close and should be a condition precedent to close.

85 The collateral warranty obligations of any incoming principal sub-contractor to the Contractor ought to be guaranteed by a suitable parent company.

86 See clause 18.6 (Latent Defects and Asbestos) for the recommended approach to the risk allocation in respect of defects and asbestos. These surveys will only be necessary where buildings are being demolished and/or refurbished. It is anticipated that the surveyor will, depending on the timing of the survey, be engaged by the Authority and/or the Contractor but will, if employed by the Authority, provide a warranty to each of the Contractor, its Building Contractor and the Senior Lenders.

87 In the event that any soil survey or similar is commissioned by the Authority, the Authority will need to ensure that warranties will be available for the Contractor and Sub-Contractors.