ArupScotland
Availability Certificate 1 (D&B Contract)
To: THE EDINBURGH SCHOOLS PARTNERSHIP
We refer to the Project Agreement dated a November 2001 (as subsequently amended) between (1) THE CITY OF EDINBURGH COUNCIL and (2) THE EDINBURGH SCHOOLS PARTNERSHIP LIMITED (the " Project Agreement"), the agreement for appointment at independent certifier dated 6 April 2004 between (1) THE EDINBURGH SCHOOLS PARTNERSHIP LIMITED (2) THE CITY OF EDINBURGH COUNCIL (3) THE GOVERNOR AND COMPANY OF THE BANK OF SCOTLAND and (4) OVE ARUP & PARTNERS SCOTLAND LIMITED (the "Independent Certifier's Appointment") and the Design and Build Contract dated 6 April 2004 between (1) THE EDINBURGH SCHOOLS PARTNERSHIP LIMITED and (2) MILLER CONSTRUCTION (UK) LIMITED (the "D&B Contract").
I Alan Chawk being the authorised Independent Certifier for Ove Arup and Partner Scotland Limited hereby certify, using all reasonable skill, care and diligence (pursuant to the provision of clause 2.1 of the Independent Certifier's Appointment) and pursuant to the provisions of clause 12 of the D&B Contract, that:
(1) on 1 March 2005 Oxgangs Primary School satisfied the Availability Criteria, as set out in clause 12.2 of the D&B Contract, and complied with the requirements of the D&B Contract.
(2) at Required Consents for Oxgangs Primary School have been obtained.
(3) the certificates being (i) building control certificates and (ii) the relevant certificates referred to in Part B of the Schedule to the D&B Contract and listed in the Appendix hereto have been obtained and approved;
(4) the only matters which are outstanding in relation to this certificate are the matters set out in the written undertaking prepared in accordance with clause 12.3.3(b) of the D&B Contract and attached hereto; and
(5) the Defects Liability Period for Oxgangs Primary School is from 1 March 2006 to 1 April 2006 and the Contractor's Liability Period under clause 30.5 of the D&B Contract is from 1 March 2005 to 1 March 2017,
This certificate is issued pursuant to clause 12 at the D&B Contract and our obligations under the Independent Certifier's Appointment including, inter alia, clause 2.1 and clause 9.1, and is subject to the limitations of liability in the Independent Certifier's Appointment.
Defined words and expressions used in the certificate shall have the meanings given to them in the Independent Certifier's Appointment.