Common use of Contractor Material Clause in Contracts

Contractor Material. The Contractor Material will remain the property of the Contractor. The Contractor must inform the Consultant of any Contractor Material in which third parties hold the copyright and of any conditions attaching to the use of that material because of that copyright. The Consultant may use that material only in accordance with those conditions. Without limiting clause 18 and if clause 19 applies, clause 19 the Consultant will be responsible for the protection, maintenance and return of the Contractor Material in its possession. If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Subcontract or between the Subcontract and any Design Documentation or any other Project Document: subject to paragraphs (b) and (c), the order of precedence specified in the Subcontract Particulars will apply; where the ambiguity, discrepancy or inconsistency is between the Brief and any other requirement of the Subcontract (including any other requirement of the Brief), the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail; where the ambiguity, discrepancy or inconsistency is between the Subcontract and any part of the Design Documentation or any other Project Document, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, the Subcontract will prevail; and irrespective of whether paragraphs (a) to (c) apply, if it is discovered by: the Consultant, then the Consultant must promptly give the Contractor's Representative notice in writing. After receipt of a notice from the Consultant, the Contractor's Representative must within 14 days of receipt of the notice, instruct the Consultant as to the course it must adopt; or the Contractor, the Contractor’s Representative must promptly give the Consultant notice in writing together with an instruction as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above.