10.1  Obligation to Carry Out

The Contractor shall or shall procure that the Building Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction, completion, commissioning and testing of the Works so that:

(a)  [each/the] Facility shall achieve Services Availability on or before the Planned Services Availability Date [for that Facility] provided that a breach of this clause 10.1.1 (Obligation to Carry Out) shall not, of itself, be capable of giving rise to a Contractor Default under either limbs (a) or (b) of that definition;

(b)  the Works fully comply with and meet all the requirements of this Agreement, the Authority's Requirements, the Construction Proposals, Good Industry Practice, Guidance, Quest, Sport England Guidance, all Necessary Consents, all applicable Authority's Policies98 and Legislation.  In the event that the Contractor enters into any sub-contract in connection with the Works, it shall ensure that any such sub-contractor complies with and meets all the requirements of the Race Equality Requirements;

(c)  new materials only will be used in carrying out the Works (unless the Authority agrees otherwise in writing or the contrary is set out in the Authority's Requirements) and all goods used or included in the Works will be of satisfactory quality, and there will be used or included in the Works none of those products and materials listed in Schedule 9 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used;

(d)  all persons employed in connection with the performance of the Works will be skilled and experienced in their several professions, trades and callings or adequately supervised;

(e)  all aspects of the Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this Agreement and having regard to the activities which are carried on at the Site[s] and to the nature of persons occupying the Site[s];

(f)  the Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Site[s] are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the Works;

(g)  adequate retaining and supporting walls are provided to support any Adjoining Property and, where appropriate, the Existing Facilities during the carrying out of the Works; and

(h)  the Works are carried out in compliance with the Race Equality Requirements.

_________________________________________________________________________________________

98  Authorities should determine what policies are to be included in Schedule 15 (Authority's Policies).