Outline Construction Contractor Direct Agreement Page 20
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20SCHEDULE
Step-In Undertaking
[To be typed onto the notepaper of the Lead Authority]
[Date]
To:
[The Construction Contractor]
Dear Sir,
We refer to the direct agreement (the “Direct Agreement”) dated [
]
made
between
[
]
(the
“Construction
Contractor”),
BRIGHTON & HOVE CITY COUNCIL (“B&HCC”), EAST SUSSEX COUNTY
COUNCIL (“ESCC”), [and] SOUTH DOWNS WASTE SERVICES LIMITED (the
“Contractor”) [and [
] (the “Guarantor”)]. Terms defined in
the Direct Agreement shall have the same meaning when used herein.
We hereby undertake for the duration of the Step-In Period and subject to the terms of the
Direct Agreement to:-
(a)
pay or procure the payment to the Construction Contractor, within [15] days of
demand by the Construction Contractor of any sum properly due and payable that was
unpaid by the Contractor under the Construction Contract before the Step-In Date;
(b)
perform or discharge or procure the performance or discharge of any unperformed or
undischarged obligations of the Contractor under the Construction Contract which
shall have fallen due for performance or discharge before the Step-In Date;
(c)
perform or discharge or procure the performance or discharge of any obligations of
the Contractor under the Construction Contract which shall arise on or after the Step-
In Date.
Signed by
……………………………………………
for and on behalf of the Lead Authority
17
05\21798_4
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