WHEREAS:

(A)  By an Agreement in writing dated                               200[ ] ("the Appointment") the Surveyor was appointed by the Beneficiary 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 the Beneficiary under the Government's private finance initiative ("the Project").

(C)  The Beneficiary is the freehold owner of the Properties.

(D)  The Beneficiary has novated the Appointment to the Second Employer and it is a condition of the deed of novation 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: