9.  COLLATERAL WARRANTIES AND OTHER RIGHTS

9.1  [The Surveyor shall deliver to the Council on the date hereof a deed of warranty in the form set out in Appendix 1 in favour of the Council.]

9.2  Nothing in this Deed shall affect or derogate from any collateral warranty given or to be given by the Surveyor to any person in respect of the Refurbishment Works or otherwise.

9.3  The Surveyor represents and warrants to the Second Employer that in relation to its obligations arising under the Appointment prior to the date of this Deed that:

(a)  the Surveyor has duly performed such obligations in accordance with the terms of the Appointment; and

(b)  acknowledges that the Second Employer has relied upon and will continue to rely upon the Surveyor's due performance of such obligations prior to, on or after the date of this Deed.

9.4  The Surveyor shall not be entitled to contend that the Second Employer is precluded from recovering under the Appointment any loss inurred by the Second Employer resulting from any breach of the obligations under the Appointment (whenever happening) by reason that the Second Employer is an assignee and not a named promisee under the Appointment.