Common use of Delete and substitute Clause in Contracts

Delete and substitute. The Employer shall have no obligation to segregate the Retention or any part thereof in a separate bank account, or in any other manner; and shall be entitled to the full beneficial interest in the Retention and every part thereof (and, without limitation, interest thereon and income arising therefrom) unless and until the Retention is paid to the Contractor pursuant to this Contract." Clause 4.21.2.2 After "Contract" insert "unless the opening up for such inspection or test was reasonably required by reason of any similar, equivalent or associated work, materials or goods having been shown by previous inspection or test not to be in accordance with the Contract." Insert the following new clause: "Clause 4.21A Notwithstanding any other provision, the Contractor shall not become entitled to the addition of any amount to the Contract Sum nor to any other financial adjustment under clause 4.20 in respect of any costs, loss or expenses incurred by reason of any error, omission, negligence or default of the Contractor or of any sub-contractor or supplier or of any of their employees or agents."

Appears in 2 contracts

Sources: Design and Build Contract, Design and Build Contract