Common use of Excepted Risks Clause in Contracts

Excepted Risks. In the first line, after “clause 6.1, 6.2”, insert “6.3A, 6.3B”. Delete clauses 7A, 7B, 7C and 7D Delete clause 7E and substitute the following new clauses 7E and 7F "Clause 7E Collateral Warranties from consultants engaged by the Contractor The Contractor shall procure that any consultants it engages in connection with the design of the Works (other than any Novated Consultants, who will provide collateral warranties to the Employer in accordance with the terms of their novation agreements) will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 in favour of the Employer. If any of the above consultants fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant consultant(s) until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.10).” The Contractor shall procure that any sub-contractors having responsibility for any of the sub- contract packages set out in the Contract Particulars will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 in favour of the Employer. If any of the above sub-contractors fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant sub-contractor or sub-contractors until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.10). Insert the following new clause:

Excepted Risks. In the first line, after “clause 6.1, 6.2”, insert “6.3A, 6.3B”. Delete clauses 7A, 7B, 7C and 7D Delete clause 7E and substitute the following new clauses 7E and 7F "Clause 7E Collateral Warranties from consultants engaged by the Contractor The Contractor shall procure that any consultants it engages in connection with the design of the Works (other than any Novated Consultants, who will provide collateral warranties to the Employer in accordance with the terms of their novation agreements) Contractor’s Designed Portion will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 12 in favour of the Employer. If any of the above consultants fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant consultant(s) until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.104.12).” The Contractor shall procure that any sub-contractors having responsibility for any of the sub- sub-contract packages set out in the Contract Particulars will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 12 in favour of the Employer. If any of the above sub-contractors fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant sub-contractor or sub-contractors until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.104.12). Insert the following new clause:

Excepted Risks. In the first line, after “clause 6.1, 6.2”, insert “6.3A, 6.3B”. Delete clauses 7A, 7B, 7C and 7D Delete clause 7E and substitute the following new clauses 7E and 7F "Clause 7E Collateral Warranties from consultants engaged by the Contractor The Contractor shall procure that any consultants it engages in connection with the design of the Works (other than any Novated Consultants, who will provide collateral warranties to the Employer in accordance with the terms of their novation agreements) Contractor’s Designed Portion will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 12 in favour of the Employer. If any of the above consultants fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant consultant(s) until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.104.12).” “Clause 7F Sub-contractor warranties The Contractor shall procure that any sub-contractors having responsibility for any of the sub- sub-contract packages set out in the Contract Particulars will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 12 in favour of the Employer. If any of the above sub-contractors fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant sub-contractor or sub-contractors until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.104.12). Insert the following new clause:

Excepted Risks. In the first line, after “clause 6.1, 6.2”, insert “6.3A, 6.3B”. Delete clauses 7A, 7B, 7C and 7D Delete clause 7E and substitute the following new clauses 7E and 7F "Clause 7E Collateral Warranties from consultants engaged by the Contractor The Contractor shall procure that any consultants it engages in connection with the design of the Works (other than any Novated Consultants, who will provide collateral warranties to the Employer in accordance with the terms of their novation agreements) will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 in favour of the Employer. If any of the above consultants fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant consultant(s) until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.10).” “Clause 7F Sub-contractor warranties The Contractor shall procure that any sub-contractors having responsibility for any of the sub- sub-contract packages set out in the Contract Particulars will, within 14 days of their appointment, enter into the relevant form of collateral warranty set out in Schedule 10 in favour of the Employer. If any of the above sub-contractors fail to enter into collateral warranties in the relevant form within the above period, the Employer will be entitled to withhold all or any payments due to the Contractor in respect of the relevant sub-contractor or sub-contractors until the relevant collateral warranties are provided (subject to the Employer issuing the necessary Pay Less Notice(s) in accordance with clause 4.10). Insert the following new clause: