Outline Construction Contractor Direct Agreement Page 18
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2011
SEVERABILITY
If any condition, Clause or provision of this Agreement not being of a fundamental
nature, is held to be illegal or unenforceable, the validity or enforceability of the
remainder of this Agreement shall not be affected thereby.
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WHOLE AGREEMENT
This Agreement (including the Schedules) constitutes the whole agreement and
understanding of the Parties as to the subject matter hereof and there are no prior or
contemporaneous agreements between the Parties with respect thereto.
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EXPIRY
Without prejudice to any antecedent breaches, if the Construction Contract (or the
Construction Contractor’s employment thereunder) is terminated for whatever reason
in accordance with its terms and the terms of this Agreement then the rights of the
Parties under this Agreement shall be extinguished.
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AMENDMENTS
No amendment to this Agreement shall be binding unless it is in writing and signed by
the duly authorised representatives of the Parties.
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THE CONTRACTOR’S ACKNOWLEDGEMENT
The Contractor joins in this Agreement to acknowledge and agree the arrangements
effected hereby and agrees with each of the Lead Authority, the Construction
Contractor [and the Guarantor] to observe the provisions of this Agreement at all
times and, subject to the Financier’s Direct Agreement, shall not in any way prejudice
or affect the due enforcement hereof or to do or permit to be done anything which
would be a breach hereof.
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COSTS AND EXPENSES
Each Party shall be responsible for paying its own costs and expenses incurred in
connection with the negotiation, preparation and execution of this Agreement. The
obligations of any Party under this Agreement are to be performed at that Party’s own
cost and expense.
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LAW AND JURISDICTION
17.1
Law
This Agreement shall be governed by and construed in all respects in accordance with
English Law.
17.2
Dispute Resolution Procedure
The Dispute Resolution Procedure contained in the Principal Contract shall apply
mutatis mutandis to any claim or matter arising in relation to this Agreement.
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