3  Programme, licence and public liability cover

3.1  Subject to Clause 3.3, you shall carry out the Stock Condition Survey in accordance with the programme appended to [your proposal for Stock Condition Survey] submitted by you on [               ] 200[ ] referred to in Appendix 2.

3.2  The Council shall write to the occupier of each Property informing them of the purpose and nature of the Stock Condition Survey.  The Surveyor shall be responsible thereafter for writing to each of the tenants at least 3 weeks prior to the date upon which access to each of the Properties is required in accordance with the programme referred to in Clause 3.1 to advise each tenant of the date and time set out in such programme at which access to their Property shall be required by yourselves.  The content of any written notice to be sent to any tenant by yourselves shall be agreed in advance with the Council.

3.3  The Council shall be entitled to postpone your commencement of access to the Properties in accordance with the programme referred to in Clause 3.1 by up to 2 weeks and, if the Council exercises that right, you may delay production of your final report by a period equivalent to the length of the postponement.  You will also be entitled to such extension of time as may be reasonable in the circumstances in the event that the Council fails to give you any reasonable and necessary instructions within a reasonable period following a written request by you to the Council requesting such instructions but only to the extent that such failure prevents you from performing the Services or your duties under this Appointment.

3.4  The Council hereby grants to you a licence to enter upon the Properties during the period set out in the programme referred to in Clause 3.1 (as adjusted, if at all, pursuant to Clause 3.3) as being the period during which access to the Properties will be required, for the purposes only of carrying out the Stock Condition Survey.  This licence will be granted by the Council subject to the rights of the Council's tenants and leaseholders.

3.5  You shall be liable for and shall indemnify the Council against any liability or cost or expense incurred by the Council in respect of the death of or any injury to any person or damage to any property real or personal arising out of or in the course or by reason of the execution of your obligations under this Appointment, except to the extent that the same is due to the Council's wrongful act or neglect.

3.6  You shall effect and maintain during the carrying out of the Stock Condition Survey on site a public liability insurance policy or policies covering you in respect of death and personal injury and loss of or damage to property, for an amount of not less than £[10,000,000.00] in respect of each and every claim.

3.7  You shall produce to the Council whenever requested from time to time to do so evidence in the form of brokers' certificates that the insurance required by Clause 3.6 to be maintained by you is in force and that the premiums therefor have been paid whenever due and if requested shall produce for inspection the relevant policy of insurance.

3.8  The Council gives no warranty or representation as to the condition of the Properties or any adjoining property or any services in or under the Properties or as to the accuracy or sufficiency of any data in any document made available to you by the Council, or as to any recommendations or conclusions made or reached in any such document.