Outline Construction Contractor Direct Agreement Page 7
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201.2.6 any reference to time of day is a reference to London time;
1.2.7 the words “herein”, “hereto”, and “hereunder” refer to this Agreement as a
whole and not to the particular Clause or Schedule in which such word may be
used;
1.2.8 “person” includes any individual, partnership, firm, trust, body corporate,
government, governmental body, authority, agency or unincorporated body of
persons or association;
1.2.9 any reference to a public organisation shall be deemed to include a reference
to any successor to such public organisation or any organisation or entity
which has taken over the functions or responsibilities of such public
organisation;
1.2.10 all monetary amounts are expressed in pounds sterling;
1.2.11 references to the word “includes” or “including” are to be construed without
limitation;
1.2.12 words importing the singular include the plural and vise versa;
1.2.13 words importing a particular gender include all genders; and
1.2.14 the liability of the Councils under this Agreement shall be joint and several.
2.
NOTICES OF TERMINATION
2.1
Notice of Event of Default of the Principal Contract
The Lead Authority shall, as soon as possible after it becomes aware of:
2.1.1 the occurrence of a Contractor Default; or
2.1.2 an event entitling the Lead Authority, the Councils or the [Senior
Lender/Security Trustee/Agent] to terminate the Principal Contract pursuant to
the Financier’s Direct Agreement;
which, in each instance, has not arisen as a direct result of a default on the part of the
Construction Contractor under the Construction Contract, notify the Construction
Contractor [and the Guarantor] of such occurrence.
2.2
Notice of termination of the Principal Contract
The Lead Authority shall, as soon as possible after a notice is issued terminating the
Principal Contract as a result of the circumstances referred to in Clause 2.1, notify the
Construction Contractor [and the Guarantor] of the issue of such notice. The
Construction Contractor shall be entitled to treat and rely upon the notice issued
pursuant to this Clause 2.2 as conclusive evidence for the purposes of this Agreement
that the Lead Authority has issued a termination notice under the Principal Contract.
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