Common use of BUILDING CONTRACT Clause in Contracts

BUILDING CONTRACT. 37.1 The Developer shall consult with the Council in respect of the appointment of the Building Contractor and the Developer shall make available all material documentation it receives in respect of such proposed appointment. The Developer shall not be required to obtain the Council's approval to the terms of appointment of any Building Contractor unless those terms are not on an arm's length open market basis for developments of a similar nature in which case the Council's approval shall be required but it shall not be unreasonably withheld. 37.2 The Council acknowledges that the Developer may enter into separate Building Contracts for discrete elements of the Scheme or separate Buildings or Plots or Phases in the Developer’s absolute discretion and that such Building Contracts will not all be entered into at the same time. 37.3 The Developer shall appoint the Building Contractor for any Building or Plot or Phase as soon as reasonably practicable in the context of the Programme. 37.4 The Developer shall not without the prior written consent of the Council, which shall not be unreasonably withheld: 37.4.1 vary the terms of or waive its rights under any Building Contract or the appointment of any member of the Professional Team in a way which adversely affects (other than to a minimal degree) the Council’s rights under its Warranty or Third Party Rights; or 37.4.2 release or discharge any Building Contractor or member of the Professional Team from their respective obligations under the relevant Building Contract or appointment in a way which adversely affects (other than to 37.5 The Developer shall not terminate any Building Contract or the appointment of any member of the Professional Team (other than for material breach or Insolvency of the Building Contractor or relevant consultant, when the Council’s consent shall not be required but notice of termination shall be given to the Council as soon as reasonably possible) but if any Building Contract or appointment shall be terminated, the Developer shall as soon as reasonably practicable appoint a substitute Building Contractor or consultant (as applicable) in accordance with the provisions of this agreement and shall procure a fresh Warranty or Third Party Rights from the substitute Building Contractor or consultant (as applicable). 37.6 Upon the Building Contract being entered into the Developer shall within 10 Working Days provide to the Council’s Surveyor a certified true copy of it including any material drawings and specifications and financial information attached to it. 37.7 The Developer shall procure that each Building Contract and appointment for the Professional Team contains provisions requiring the Building Contractor or member of the Professional Team (as the case maybe) to novate the relevant Building Contract

BUILDING CONTRACT. 37.1 6.1 The Developer Landlord confirms it has taken (and in the case of a substitute Building Contractor shall consult with the Council in respect of the appointment of take), all reasonable steps to be reasonably satisfied that the Building Contractor is suitable and competent having regard to its responsibilities in relation to the Development, the Building Contract and the Developer CDM Regulations. 6.2 The Landlord shall make available all material documentation (subject to clause 6.1) once such of the Requisite Consents have been obtained so as to enable the Landlord's Works to commence enter into the Master Contract with the LEP and to procure that the LEP enters into the Building Contract with the Building Contractor, the LEP appointing the Building Contractor as the principal contractor for the purposes of the CDM Regulations, and within 20 working days of it receives in respect being entered into supply a certified copy of such proposed appointment. the Master Contract and Building Contract to the Tenant. 6.3 The Developer Landlord shall not be required to obtain the Council's approval make any alterations to the terms of appointment of the Master Contract nor permit to be made any Building Contractor unless those terms are not on an arm's length open market basis for developments of a similar nature in which case the Council's approval shall be required but it shall not be unreasonably withheld. 37.2 The Council acknowledges that the Developer may enter into separate Building Contracts for discrete elements of the Scheme or separate Buildings or Plots or Phases in the Developer’s absolute discretion and that such Building Contracts will not all be entered into at the same time. 37.3 The Developer shall appoint the Building Contractor for any Building or Plot or Phase as soon as reasonably practicable in the context of the Programme. 37.4 The Developer shall not without the prior written consent of the Council, which shall not be unreasonably withheld: 37.4.1 vary alterations to the terms of or waive its rights under any the Building Contract which are prejudicial to the Tenant. 6.4 The Landlord shall not do or omit to do anything that would entitle the appointment of any member of the Professional Team in a way which adversely affects (other than to a minimal degree) the Council’s rights under its Warranty LEP or Third Party Rights; or 37.4.2 release or discharge any Building Contractor or member of to regard the Professional Team from their respective obligations under the relevant Master Contract and/or Building Contract as terminated by breach or appointment in a way waive, compromise or jeopardise any rights or powers which adversely affects (other than to 37.5 The Developer shall not terminate any Building Contract it may from time to time have against the Contractor, the LEP or the appointment of any member of the Professional Team (other than nor permit the LEP to do the same in relation to the Master Contract). The Landlord shall immediately notify the Tenant if the Landlord believes the LEP and/or Building Contractor may be intending to rescind the Master Contract and/or Building Contract and provide details of any known reasons for material breach such rescission and what action the Landlord intends to take. 6.5 The Landlord shall not terminate the employment of the LEP or Insolvency permit to be terminated the employment of the Building Contractor or relevant consultanttreat the Master Contract or permit the Building Contract to be treated as repudiated without first notifying the Tenant of its intention to do so) and providing details of any substitute. 6.6 For the avoidance of doubt (but without limitation), when the Council’s consent Landlord shall not be required but issue, nor shall it permit the LEP to issue any written notice of termination shall be given to the Council as soon as reasonably possible) but if LEP and/or the Building Contractor which would have the effect of relieving the LEP and/or Building Contractor of any liability which it would otherwise have under the terms of the Master Contract or Building Contract or appointment shall be terminated, the Developer shall as soon as reasonably practicable appoint a substitute Building Contractor or consultant (as applicable) in accordance with the provisions of this agreement and shall procure a fresh Warranty or Third Party Rights from the substitute Building Contractor or consultant (as applicable). 37.6 Upon the Building Contract being entered into the Developer shall within 10 Working Days provide to the Council’s Surveyor a certified true copy of it including any material drawings and specifications and financial information attached to it. 37.7 The Developer shall procure that each Building Contract and appointment for the Professional Team contains provisions requiring the Building Contractor or member of the Professional Team (as the case maybe) to novate the relevant Building Contract

BUILDING CONTRACT. 37.1 5.1 The Developer confirms it has taken (and in the case of a substitute Building Contractor shall take), all reasonable steps to be reasonably satisfied that the Building Contractor is suitable and competent having regard to its responsibilities in relation to the Development, the Building Contract and the CDM Regulations. 5.2 The Developer shall consult (subject to clause 5.1)as soon as reasonably practicable] enter into the Building Contract with the Council in respect Building Contractor, appoint the Building Contractor as the principal contractor for the purposes of the CDM Regulations and supply a certified copy of the Building Contract to the Owner. 5.3 The Developer shall, upon the appointment of the Building Contractor and each Design Sub-Contractor, procure that it enters into a Collateral Warranty in favour of the Owner and, if requested by the Owner, any person or body that may be providing finance for the Development. 5.4 The Building Contractor grants, and shall procure that each Design Sub-Contractor grants, to the Owner and the Developer severally an irrevocable, non-exclusive, non- terminable, royalty-free licence to copy and make full use of any Material prepared by or on behalf of the Building Contractor or the relevant Design Sub-Contractor for any purpose relating to the Works including (without limitation) any of the Permitted Uses. Such licence shall: (a) carry the right to grant sub-licences and shall be transferable to third parties without the consent of the Building Contractor or the relevant Design Sub- Contractor; and (b) provide that the Building Contractor or the relevant Design Sub-Contractor has no liability for use of the Material for any purpose other than that for which it was prepared and/or provided. 5.5 The Building contractor undertakes that it shall, and the Developer shall make available use all material documentation it receives in respect reasonable endeavours to procure that the Building Contractor shall, perform and observe the terms of such proposed appointmentthe Building Contract. The Building Contractor and the Developer agree not to vary, waive or release any of the terms of the Building Contract without the Owner’s consent. 5.6 The Developer shall not do or omit to do anything that would entitle the Building Contractor to regard the Building Contract as terminated by breach. The Developer shall not be required to obtain immediately notify the Council's approval to the terms of appointment of any Building Contractor unless those terms are not on an arm's length open market basis for developments of a similar nature in which case the Council's approval shall be required but it shall not be unreasonably withheld. 37.2 The Council acknowledges that Owner if the Developer may enter into separate Building Contracts for discrete elements of the Scheme or separate Buildings or Plots or Phases in the Developer’s absolute discretion and that such Building Contracts will not all be entered into at the same time. 37.3 The Developer shall appoint believes the Building Contractor for may be intending to rescind the Building Contract. The Building contractor will immediately notify the Owner and the Developer of any intention to rescind the Building or Plot or Phase as soon as reasonably practicable in the context of the ProgrammeContract. 37.4 The Developer shall not without the prior written consent of the Council, which shall not be unreasonably withheld: 37.4.1 vary the terms of or waive its rights under any Building Contract or the appointment of any member of the Professional Team in a way which adversely affects (other than to a minimal degree) the Council’s rights under its Warranty or Third Party Rights; or 37.4.2 release or discharge any Building Contractor or member of the Professional Team from their respective obligations under the relevant Building Contract or appointment in a way which adversely affects (other than to 37.5 5.7 The Developer shall not terminate any Building Contract or the appointment of any member of the Professional Team (other than for material breach or Insolvency employment of the Building Contractor or relevant consultant, when the Council’s consent shall not be required but notice of termination shall be given to the Council as soon as reasonably possible) but if any Building Contract or appointment shall be terminated, the Developer shall as soon as reasonably practicable appoint a substitute Building Contractor or consultant (as applicable) in accordance with the provisions of this agreement and shall procure a fresh Warranty or Third Party Rights from the substitute Building Contractor or consultant (as applicable). 37.6 Upon treat the Building Contract being entered into as repudiated without first notifying the Developer shall within 10 Working Days provide Owner of its intention to do so and discussing with the Council’s Surveyor Owner the appointment of a certified true copy of it including any material drawings and specifications and financial information attached to itsuitable substitute contractor approved by the Owner. 37.7 The Developer shall procure that each Building Contract and appointment for the Professional Team contains provisions requiring the Building Contractor or member of the Professional Team (as the case maybe) to novate the relevant Building Contract