Common use of IN RIGHTS IN FAVOUR OF THE AUTHORITY Clause in Contracts

IN RIGHTS IN FAVOUR OF THE AUTHORITY. The Consultant will not exercise or seek to exercise any right which may be or become available to it to terminate or treat as terminated or repudiated the Appointment or its engagement under it or discontinue or suspend the performance of any duties or obligations thereunder without first giving to the Authority not less than twenty (20) Business Days' prior written notice (and seven (7) days’ prior written notice of suspension in the event of non-payment under the Appointment) specifying the Consultant's ground for terminating or treating as terminated or repudiated the Appointment or its engagement under it or discontinuing or suspending its performance thereof and stating the amount (if any) of monies outstanding under the Appointment. Within such period of notice: the Authority may give written notice to the Consultant that the Authority will thenceforth become the client under the Appointment to the exclusion of the Building Contractor and thereupon the Consultant will admit that the Authority is its client under the Appointment and the Appointment will be and remain in full force and effect notwithstanding any of the said grounds; if the Authority has given such notice as aforesaid or under clause 12.3 the Authority shall accept liability for the Building Contractor's obligations under the Appointment and will as soon as practicable thereafter remedy any outstanding breach by the previous client [which properly has been included in the Consultant's specified grounds and] which is capable of remedy by the Authority; and if the Authority has given such notice as aforesaid or under clause 12.3 the Authority will from the service of such notice become responsible for all sums properly payable to the Consultant under the Appointment accruing due after the service of such notice but the Authority will in paying such sums be entitled to the same rights of set-off and deduction as would have applied to the previous client under the Appointment. Notwithstanding anything contained in this Deed and notwithstanding any payments which may be made by the Authority to the Consultant, the Authority will not be under any obligation to the Consultant nor will the Consultant have any claim or cause of action against the Authority unless and until the Authority has given written notice to the Consultant pursuant to clause 12.1.1 or clause 12.3 of this Deed. The Consultant further covenants with the Authority that if the employment of the Building Contractor under the Building Contract is terminated or if the Building Contract is terminated the Consultant, if requested by the Authority by notice in writing and subject to clause 12.1.2 and clause 12.1.3, will accept the instructions of the Authority to the exclusion of the Building Contractor in respect of its duties under the Appointment upon the terms and conditions of the Appointment and will if so requested in writing enter into a novation agreement in the form set out in Appendix 1 to this Deed whereby the Authority is substituted for the Building Contractor under the Appointment. If the Consultant is requested to enter into a novation agreement pursuant to clause 12.3, the Building Contractor agrees to enter into the same at the request of the Authority. Where the Consultant has given rights to the Lender in relation to the Appointment similar to those contained in this clause then if both the Authority and the Lender serve notice under clause 12.1.1 or clause 12.3 or its equivalent the notice served by the Authority will not prevail over any notice served by the Lender but will prevail over any notice served by any other person. The Building Contractor acknowledges that the Consultant will be entitled to rely on a notice given to the Consultant by the Authority under clause 12.3 as conclusive evidence that the employment of the Building Contractor under the Building Contract has been terminated or the Building Contract has been terminated. The Authority may by notice in writing to the Consultant appoint another person to exercise its rights under this clause 12 subject to the Authority remaining liable to the Consultant as guarantor for its appointee in respect of its obligations under this Deed.

IN RIGHTS IN FAVOUR OF THE AUTHORITY. The Consultant FM Contractor will not exercise or seek to exercise any right which may be or become becomes available to it to terminate or treat as terminated or repudiated the Appointment FM Agreement or its engagement employment under it or discontinue or suspend the performance of any duties or obligations thereunder without first giving to the Authority not less than twenty thirty (2030) Business Days' prior written notice (and seven (7) days’ prior written notice of suspension in the event of non-payment under the Appointment) specifying the ConsultantFM Contractor's ground for terminating or treating as terminated or repudiated the Appointment FM Agreement or its engagement employment under it or discontinuing or suspending its performance thereof and stating the amount (if any) of monies outstanding under the AppointmentFM Agreement. Within such period of notice: the Authority may give written notice to the Consultant FM Contractor that the Authority will thenceforth become the client under the Appointment FM Agreement to the exclusion of the Building Contractor and thereupon the Consultant FM Contractor will admit that the Authority is its client under the Appointment FM Agreement and the Appointment FM Agreement will be and remain in full force and effect notwithstanding any of the said grounds; if the Authority has given such notice as aforesaid or under clause 12.3 7.3, the Authority shall accept liability for the Building Contractor's obligations under the Appointment FM Agreement and will as soon as practicable thereafter remedy any outstanding breach by the previous client [which Contractor including for the avoidance of doubt any non-payment of sums due to the FM Contractor that properly has been included in the ConsultantFM Contractor's specified grounds and] pursuant to clause 7.1 (and which has been notified to the Authority) and which is capable of remedy by the Authorityremedy; and if the Authority has given such notice as aforesaid or under clause 12.3 7.3, the Authority will from the service of such notice become responsible for all sums properly payable to the Consultant FM Contractor under the Appointment FM Agreement accruing due after the service of such the FM Contractor's notice but the Authority will in paying such sums be entitled to the same rights of set-off and deduction as would have applied to the previous client under the Appointment. Notwithstanding anything contained in this Deed and notwithstanding any payments which may be made by the Authority to the Consultant, the Authority will not be under any obligation to the Consultant nor will the Consultant have any claim or cause of action against the Authority unless and until the Authority has given written notice to the Consultant pursuant to clause 12.1.1 or clause 12.3 of this Deed. The Consultant further covenants with the Authority that if the employment of the Building Contractor under the Building Contract is terminated or if the Building Contract is terminated the Consultant, if requested by the Authority by notice in writing and subject to clause 12.1.2 and clause 12.1.3, will accept the instructions of the Authority to the exclusion of the Building Contractor in respect of its duties under the Appointment upon the terms and conditions of the Appointment and will if so requested in writing enter into a novation agreement in the form set out in Appendix 1 to this Deed whereby the Authority is substituted for the Building Contractor under the Appointment. If the Consultant is requested to enter into a novation agreement pursuant to clause 12.3, the Building Contractor agrees to enter into the same at the request of the Authority. Where the Consultant has given rights to the Lender in relation to the Appointment similar to those contained in this clause then if both the Authority and the Lender serve notice under clause 12.1.1 or clause 12.3 or its equivalent the notice served by the Authority will not prevail over any notice served by the Lender but will prevail over any notice served by any other person. The Building Contractor acknowledges that the Consultant will be entitled to rely on a notice given to the Consultant by the Authority under clause 12.3 as conclusive evidence that the employment of the Building Contractor under the Building Contract has been terminated or the Building Contract has been terminated. The Authority may by notice in writing to the Consultant appoint another person to exercise its rights under this clause 12 subject to the Authority remaining liable to the Consultant as guarantor for its appointee in respect of its obligations under this DeedFM Agreement.

IN RIGHTS IN FAVOUR OF THE AUTHORITY. The Consultant Operating Sub-Contractor will not exercise or seek to exercise any right which may be or become becomes available to it to terminate or treat as terminated or repudiated the Appointment Operating Sub-Contract or its engagement employment under it or discontinue or suspend the performance of any duties or obligations thereunder without first giving to the Authority not less than twenty thirty (2030) Business Days' prior written notice (and seven (7) days’ prior written notice of suspension in the event of non-payment under the Appointment) specifying the ConsultantOperating Sub-Contractor's ground for terminating or treating as terminated or repudiated the Appointment Operating Sub-Contract or its engagement employment under it or discontinuing or suspending its performance thereof and stating the amount (if any) of monies outstanding under the AppointmentOperating Sub-Contract. Within such period of notice: the Authority may give written notice to the Consultant Operating Sub-Contractor that the Authority will thenceforth become the client Contractor under the Appointment Operating Sub-Contract to the exclusion of the Building Contractor and thereupon the Consultant Operating Sub-Contractor will admit that the Authority is its client the Contractor under the Appointment Operating Sub-Contract and the Appointment Operating Sub-Contract will be and remain in full force and effect notwithstanding any of the said grounds; if the Authority has given such notice as aforesaid or under clause 12.3 7.3, the Authority shall accept liability for the Building Contractor's obligations under the Appointment Operating Sub-Contract and will as soon as practicable thereafter remedy any outstanding breach by the previous client [Contractor including for the avoidance of doubt any non-payment of sums due to the Operating Sub-Contractor which properly has been included in the ConsultantOperating Sub-Contractor's specified grounds and] pursuant to clause 7.1 (and which has been notified to the Authority) and which is capable of remedy by the Authorityremedy; and if the Authority has given such notice as aforesaid or under clause 12.3 7.3, the Authority will from the service of such notice become responsible for all sums properly payable to the Consultant Operating Sub-Contractor under the Appointment Operating Sub-Contract accruing due after the service of such the Operating Sub-Contractor's notice but the Authority will in paying such sums be entitled to the same rights of set-off and deduction as would have applied to the previous client under the Appointment. Notwithstanding anything contained in this Deed and notwithstanding any payments which may be made by the Authority to the Consultant, the Authority will not be under any obligation to the Consultant nor will the Consultant have any claim or cause of action against the Authority unless and until the Authority has given written notice to the Consultant pursuant to clause 12.1.1 or clause 12.3 of this Deed. The Consultant further covenants with the Authority that if the employment of the Building Contractor under the Building Contract is terminated or if the Building Contract is terminated the Consultant, if requested by the Authority by notice in writing and subject to clause 12.1.2 and clause 12.1.3, will accept the instructions of the Authority to the exclusion of the Building Contractor in respect of its duties under the Appointment upon the terms and conditions of the Appointment and will if so requested in writing enter into a novation agreement in the form set out in Appendix 1 to this Deed whereby the Authority is substituted for the Building Contractor under the Appointment. If the Consultant is requested to enter into a novation agreement pursuant to clause 12.3, the Building Contractor agrees to enter into the same at the request of the Authority. Where the Consultant has given rights to the Lender in relation to the Appointment similar to those contained in this clause then if both the Authority and the Lender serve notice under clause 12.1.1 or clause 12.3 or its equivalent the notice served by the Authority will not prevail over any notice served by the Lender but will prevail over any notice served by any other person. The Building Contractor acknowledges that the Consultant will be entitled to rely on a notice given to the Consultant by the Authority under clause 12.3 as conclusive evidence that the employment of the Building Contractor under the Building Contract has been terminated or the Building Contract has been terminated. The Authority may by notice in writing to the Consultant appoint another person to exercise its rights under this clause 12 subject to the Authority remaining liable to the Consultant as guarantor for its appointee in respect of its obligations under this DeedOperating Sub-Contract.

IN RIGHTS IN FAVOUR OF THE AUTHORITY. The Consultant will not exercise or seek to exercise any right which may be or become available to it to terminate or treat as terminated or repudiated the Appointment or its engagement under it or discontinue or suspend the performance of any duties or obligations thereunder without first giving to the Authority not less than twenty [thirty (20) Business Days30)] days' prior written notice (and seven (7) days’ prior written notice of suspension in the event of non-payment under the Appointment) specifying the Consultant's ground for terminating or treating as terminated or repudiated the Appointment or its engagement under it or discontinuing or suspending its performance thereof and stating the amount (if any) of monies outstanding under the Appointment. Within such period of notice: the Authority may give written notice to the Consultant that the Authority will thenceforth become the client Construction Sub-Contractor under the Appointment to the exclusion of the Building Construction Sub-Contractor and thereupon the Consultant will admit that the Authority is its client the Construction Sub-Contractor under the Appointment and the Appointment will be and remain in full force and effect notwithstanding any of the said grounds; if the Authority has given such notice as aforesaid or under clause 12.3 12.3, the Authority shall accept liability for the Building Construction Sub-Contractor's obligations under the Appointment and will as soon as practicable thereafter remedy any outstanding breach by the previous client [which properly has been included in the Consultant's specified grounds and] which is capable of remedy by the Authority; and if the Authority has given such notice as aforesaid or under clause 12.3 12.3, the Authority will from the service of such notice become responsible for all sums properly payable to the Consultant under the Appointment accruing due after the service of such notice but the Authority will in paying such sums be entitled to the same rights of set-off and deduction as would have applied to the previous client under the Appointment. Notwithstanding anything contained in this Deed Agreement and notwithstanding any payments which may be made by the Authority to the Consultant, the Authority will not be under any obligation to the Consultant nor will the Consultant have any claim or cause of action against the Authority unless and until the Authority has given written notice to the Consultant pursuant to clause 12.1.1 or clause 12.3 of this Deed12.3. The Consultant further covenants with undertakes to the Authority that if the employment of the Building Contractor under the Building Contract is terminated or if by the Building Contract is terminated Authority the Consultant, if requested by the Authority by notice in writing and subject to clause 12.1.2 and clause 12.1.3, will accept the instructions of the Authority to the exclusion of the Building Construction Sub-Contractor in respect of its duties under the Appointment upon the terms and conditions of the Appointment and will if so requested in writing enter into a novation agreement in the form set out in Appendix 1 to this Deed whereby the Authority is substituted for the Building Construction Sub-Contractor under the Appointment. If the Consultant is requested to enter into a novation agreement pursuant to clause 12.3, the Building Contractor agrees to enter into two or more valid notices are received on the same at the request of the Authority. Where the Consultant has given rights to the Lender in relation to the Appointment similar to those contained in this clause then if both the Authority and the Lender serve notice under clause 12.1.1 or clause 12.3 or its equivalent the notice served by the Authority will not prevail over day any notice served by the Lender but Lender(s) shall be deemed to have first priority. Only the notice deemed to have first priority shall take effect and no other relevant notice will prevail over any notice served by any other personbind the Consultant. The Building Construction Sub-Contractor acknowledges that the Consultant will be entitled to rely on a notice given to the Consultant by the Authority under clause 12.3 as conclusive evidence that the employment of the Building Contractor under the Building Contract has been terminated or by the Building Contract has been terminatedAuthority. The Authority may by notice in writing to the Consultant appoint another person to exercise its rights under this clause 12 2 subject to the Authority remaining liable to the Consultant as guarantor for its appointee in respect of its obligations under this DeedAgreement.

IN RIGHTS IN FAVOUR OF THE AUTHORITY. The Consultant Subcontractor will not exercise or seek to exercise any right which may be or become available to it to terminate or treat as terminated or repudiated the Appointment Subcontract or its engagement under it or discontinue or suspend the performance of any duties or obligations thereunder without first giving to the Authority not less than twenty [thirty (20) Business Days30)] days' prior written notice (and seven (7) days’ prior written notice of suspension in the event of non-payment under the Appointment) specifying the ConsultantSubcontractor's ground for terminating or treating as terminated or repudiated the Appointment Subcontract or its engagement under it or discontinuing or suspending its performance thereof and stating the amount (if any) of monies outstanding under the AppointmentSubcontract. Within such period of notice: the Authority may give written notice to the Consultant Subcontractor that the Authority will thenceforth become the client Contractor under the Appointment Subcontract to the exclusion of the Building Contractor and thereupon the Consultant Subcontractor will admit that the Authority is its client the Contractor under the Appointment Subcontract and the Appointment Subcontract will be and remain in full force and effect notwithstanding any of the said grounds; if the Authority has given such notice as aforesaid or under clause 12.3 10.3, the Authority shall accept liability for the Building Contractor's obligations under the Appointment Subcontract and will as soon as practicable thereafter remedy any outstanding breach by the previous client [which properly has been included in the ConsultantSubcontractor's specified grounds and] and which is capable of remedy by the Authority; and if the Authority has given such notice as aforesaid or under clause 12.3 10.3, the Authority will from the service of such notice become responsible for all sums properly payable to the Consultant Subcontractor under the Appointment Subcontract accruing due after the service of such notice but the Authority will in paying such sums be entitled to the same rights of set-off and deduction as would have applied to the previous client under the AppointmentSubcontract. Notwithstanding anything contained in this Deed Agreement and notwithstanding any payments which may be made by the Authority to the ConsultantSubcontractor, the Authority will not be under any obligation to the Consultant Subcontractor nor will the Consultant Subcontractor have any claim or cause of action against the Authority unless and until the Authority has given written notice to the Consultant Subcontractor pursuant to clause 12.1.1 10.1.1 or clause 12.3 of this Deed10.3. The Consultant Subcontractor further covenants with undertakes to the Authority that if the employment of the Building Contractor under the Building Contract is terminated or if by the Building Contract is terminated Authority the ConsultantSubcontractor, if requested by the Authority by notice in writing and subject to clause 12.1.2 10.1.2 and clause 12.1.310.1.3, will accept the instructions of the Authority to the exclusion of the Building Contractor in respect of its duties under the Appointment Subcontract upon the terms and conditions of the Appointment Subcontract and will if so requested in writing enter into a novation agreement in the form set out in Appendix 1 to this Deed whereby the Authority is substituted for the Building Contractor under the AppointmentSubcontract. If the Consultant is requested to enter into a novation agreement pursuant to clause 12.3, the Building Contractor agrees to enter into two or more valid notices are received on the same at the request of the Authority. Where the Consultant has given rights to the Lender in relation to the Appointment similar to those contained in this clause then if both the Authority and the Lender serve notice under clause 12.1.1 or clause 12.3 or its equivalent the notice served by the Authority will not prevail over day any notice served by the Lender but Lender(s) shall be deemed to have first priority. Only the notice deemed to have first priority shall take effect and no other relevant notice will prevail over any notice served by any other personbind the Subcontractor. The Building Contractor acknowledges that the Consultant Subcontractor will be entitled to rely on a notice given to the Consultant Subcontractor by the Authority under clause 12.3 10.3 as conclusive evidence that the employment of the Building Contractor under the Building Contract has been terminated or by the Building Contract has been terminatedAuthority. The Authority may by notice in writing to the Consultant Subcontractor appoint another person to exercise its rights under this clause 12 10 subject to the Authority remaining liable to the Consultant Subcontractor as guarantor for its appointee in respect of its obligations under this DeedAgreement. Upon request by the Authority the Subcontractor agrees to co-operate with the Authority in determining the duties performed or to be performed by the Subcontractor and to provide a copy of the Subcontract and any variations thereto and details of all monies paid and due under the Subcontract.

IN RIGHTS IN FAVOUR OF THE AUTHORITY. The Consultant Construction Sub-Contractor will not exercise or seek to exercise any right which may be or become available to it to terminate or treat as terminated or repudiated the Appointment Construction Sub-Contract or its engagement under it or discontinue or suspend the performance of any duties or obligations thereunder without first giving to the Authority not less than twenty [thirty (20) Business Days30)] days' prior written notice (and seven (7) days’ prior written notice of suspension in the event of non-payment under the Appointment) specifying the ConsultantConstruction Sub-Contractor's ground for terminating or treating as terminated or repudiated the Appointment Construction Sub-Contract or its engagement under it or discontinuing or suspending its performance thereof and stating the amount (if any) of monies outstanding under the AppointmentConstruction Sub-Contract. Within such period of notice: the Authority may give written notice to the Consultant Construction Sub-Contractor that the Authority will thenceforth become the client Contractor under the Appointment Construction Sub-Contract to the exclusion of the Building Contractor and thereupon the Consultant Construction Sub-Contractor will admit that the Authority is its client the Contractor under the Appointment Construction Sub-Contract and the Appointment Construction Sub-Contract will be and remain in full force and effect notwithstanding any of the said grounds; if the Authority has given such notice as aforesaid or under clause 12.3 10.3, the Authority shall accept liability for the Building Contractor's obligations under the Appointment Construction Sub-Contract and will as soon as practicable thereafter remedy any outstanding breach by the previous client [which properly has been included in the ConsultantConstruction Sub-Contractor's specified grounds and] and which is capable of remedy by the Authority; and if the Authority has given such notice as aforesaid or under clause 12.3 10.3, the Authority will from the service of such notice become responsible for all sums properly payable to the Consultant Construction Sub-Contractor under the Appointment Construction Sub-Contract accruing due after the service of such notice but the Authority will in paying such sums be entitled to the same rights of set-off and deduction as would have applied to the previous client under the AppointmentConstruction Sub-Contract. Notwithstanding anything contained in this Deed Agreement and notwithstanding any payments which may be made by the Authority to the ConsultantConstruction Sub-Contractor, the Authority will not be under any obligation to the Consultant Construction Sub-Contractor nor will the Consultant Construction Sub-Contractor have any claim or cause of action against the Authority unless and until the Authority has given written notice to the Consultant Construction Sub-Contractor pursuant to clause 12.1.1 10.1.1 or clause 12.3 of this Deed10.3. The Consultant Construction Sub-Contractor further covenants with undertakes to the Authority that if the employment of the Building Contractor under the Building Contract is terminated or if by the Building Contract is terminated Authority the ConsultantConstruction Sub-Contractor, if requested by the Authority by notice in writing and subject to clause 12.1.2 10.1.2 and clause 12.1.310.1.3, will accept the instructions of the Authority to the exclusion of the Building Contractor in respect of its duties under the Appointment Construction Sub-Contract upon the terms and conditions of the Appointment Construction Sub-Contract and will if so requested in writing enter into a novation agreement in the form set out in Appendix 1 to this Deed whereby the Authority is substituted for the Building Contractor under the AppointmentConstruction Sub-Contract. If the Consultant is requested to enter into a novation agreement pursuant to clause 12.3, the Building Contractor agrees to enter into two or more valid notices are received on the same at the request of the Authority. Where the Consultant has given rights to the Lender in relation to the Appointment similar to those contained in this clause then if both the Authority and the Lender serve notice under clause 12.1.1 or clause 12.3 or its equivalent the notice served by the Authority will not prevail over day any notice served by the Lender but Lender(s) shall be deemed to have first priority. Only the notice deemed to have first priority shall take effect and no other relevant notice will prevail over any notice served by any other personbind the Construction Sub-Contractor. The Building Contractor acknowledges that the Consultant Construction Sub-Contractor will be entitled to rely on a notice given to the Consultant Construction Sub-Contractor by the Authority under clause 12.3 10.3 as conclusive evidence that the employment of the Building Contractor under the Building Contract has been terminated or by the Building Contract has been terminatedAuthority. The Authority may by notice in writing to the Consultant Construction Sub-Contractor appoint another person to exercise its rights under this clause 12 10 subject to the Authority remaining liable to the Consultant Construction Sub-Contractor as guarantor for its appointee in respect of its obligations under this DeedAgreement. Upon request by the Authority the Construction Sub-Contractor agrees to co-operate with the Authority in determining the duties performed or to be performed by the Construction Sub-Contractor and to provide a copy of the Construction Sub-Contract and any variations thereto and details of all monies paid and due under the Construction Sub-Contract.