Outline Construction Contractor Direct Agreement Page 17
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206.2
Effective receipt
6.2.1 Subject to Clause 6.3 a letter delivered by hand shall be effective when it is
delivered to the addressee.
6.2.2 A letter sent by first class prepaid post shall be deemed received on the second
Working Day after it is put in the post.
6.2.3 Subject to Clause 6.3, a facsimile transmission shall be effective upon
completion of the transmission.
6.3
Timing
A notice or other communication received on a day which is not a Working Day or
after 5 p.m. on any Working Day shall be deemed to be received on the next Working
Day.
7
STATUTORY RESPONSIBILITIES
7.1
In carrying out their statutory duties the powers, duties, rights and obligations of the
Councils shall not be fettered or otherwise affected save as provided by the terms of
the Construction Contract.
7.2
Save to the extent that the Construction Contract sets out a procedure for the
application for or obtaining of any Necessary Consent, approval or consent, the
Construction Contractor will apply for any Necessary Consent, approval or consent in
the normal way.
8
ASSIGNMENT
Any Party shall not, without the prior written consent of the other Parties (such
consent not to be unreasonably withheld or delayed), assign or otherwise dispose of
this Agreement or any part thereof or any benefit or interest therein or thereunder.
9
COUNTERPARTS
This Agreement may be executed in one or more counterparts. Any single counterpart
or a set of counterparts executed, in either case, by all the Parties hereto shall
constitute a full and original instrument for all purposes.
10
WAIVER
Failure by any Party at any time to enforce any provision of this Agreement or to
require performance by the other Parties (or either of them) of any provision of this
Agreement shall not be construed as a waiver of such provision and shall not affect
the validity of this Agreement or any part hereof or the right of the relevant Party to
enforce any provision in accordance with its terms. The rights or remedies of any of
the Parties may be waived only if such waiver is recorded in writing, signed by a duly
authorised representative of the Party and refers to this Clause.
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