10  Novation and warranty deeds1

10.1  In this Clause 10, "Successful Bidder" means any person or persons appointed as preferred bidder by the Council to undertake the Project.

10.2  [If any Successful Bidder is appointed as preferred bidder by the Council to undertake the Project, the Council may at any time thereafter by written notice require you to enter into a deed or deeds of novation, novating this Appointment from the Council to each or any Successful Bidder, in the form of the draft contained in Appendix 4, with such amendments (if any) as the Council or any Successful Bidder may reasonably require (save any which would be materially prejudicial to you) and you shall execute and deliver such deed or deeds of novation within 14 days of such request.]

10.3  You shall provide, [as any Successful Bidder may at any time or times thereafter require] [as the Council may at any time require], a deed or deeds of warranty in terms of the draft contained in Appendix 3, in respect of your obligations hereunder in favour of [the Successful Bidder, (where the Successful Bidder is a single purpose corporate vehicle ("Single Purpose Vehicle") created by persons forming a consortium ("Consortium") to bid to the Council to undertake the Project)], each member of the Consortium (or any replacement member) and/or any person providing finance to the Successful Bidder (or an agent or trustee on any such person's behalf) and/or any contractor appointed by the Successful Bidder for the carrying out of any part of the refurbishment of the Properties and/or for the carrying out of any responsive repairs and/or any housing management function with such amendments (if any) as the Council and/or the Successful Bidder and/or any of its contractors may reasonably require (save any which would be materially prejudicial to you) and/or which any person providing finance to any Successful Bidder (or an agent or trustee on any such person's behalf) may require.  You shall execute and deliver any such deed or deeds of warranty within 14 days of any such request.

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1 The Council may wish to retain the benefit of the appointment where they may have some potential residual liability and in which case the Successful Bidder will rely upon a Collateral Warranty given in accordance with Clause 10.3.