WHEREAS:
(A) By an Agreement in writing dated 200[ ] ("the Appointment") the Surveyor was appointed to carry out a stock condition survey [and a geotechnical and land contamination survey] of properties described therein ("the Properties") upon the [ ] estate in the [City] [Borough] [District] of [ ].
(B) The survey[s] [was or is] [were or are] in anticipation of the refurbishment of the Properties which is being procured by [ ] Council ("the Council") under the Government's private finance initiative ("the Project").
(C) [The Beneficiary is the freehold owner of the Properties].
[OR]
[The Beneficiary has been appointed by the Council [to undertake the Project] [and/or] [to carry out certain housing management functions] [and/or] [to undertake refurbishment] [and/or] [to undertake cyclical maintenance and/or elemental renewals and/or responsive repairs] pursuant to a contract dated [ ].]
[OR]
[ ] has been appointed by the Council [to undertake the Project] pursuant to a contract dated [ ] and the Beneficiary has been appointed [by [ ]] as a [sub-]contractor to undertake [the Project] [and/or] [those housing management functions] [and/or to undertake refurbishment work]
[OR]
[ ] has been appointed by the Council [to undertake the Project] [and/or] [to carry out certain housing management functions] [and/or] to undertake refurbishment work] [and/or] [to undertake cyclical maintenance and/or elemental renewals and/or responsive repairs] pursuant to a contract dated [ ] and the Beneficiary is [acting as [agent] [trustee] for those] providing finance to [ ] and/or entering into an interest rate swap transaction
(D) The Council has novated the Appointment to [ ] and it is a condition of that Appointment that the Surveyor executes this warranty in favour of the Beneficiary.
[OR]
[It is a condition of the Appointment that the Surveyor executes this warranty in favour of the Beneficiary].
NOW THIS DEED WITNESSES in consideration of the sum of £10.00 paid by the Beneficiary, receipt of which the Surveyor acknowledges, as follows: