of any claim made by the Beneficiary under this deed and (in that capacity) from conducting and settling it as they see fit.] Assignment The Beneficiary may at any time assign the benefit of this deed and/or any rights arising it by way of absolute legal assignment [to any further person providing finance or re-finance in connection with the Orders] [to any subsequent purchaser of Beneficiary’s interest in the Property (subject to a maximum of two such assignments) and/or by way of charge to any mortgagee of the Property] on notice to the Contractor, without the consent of the Contractor being required. Third parties Any holding or subsidiary company of the Beneficiary or any company associated with it may in its own right enforce any term of this deed. Except as provided in clause 8.1, it is not intended that any third party (other than the Beneficiary) should have the right to enforce a provision of this deed pursuant to the Contracts (Rights of Third Parties) Act 1999. The parties may rescind or vary this deed without the consent of a third party to whom an express right to enforce any of its terms has been provided. [Warranties in favour of others The Contractor shall, within 14 days of being requested so to do by the Beneficiary, execute and deliver to the Beneficiary a deed of collateral warranty (in terms substantially similar to this deed but excluding clauses 3, 4 and 9) in favour of any person who acquires an interest in the Property from the Beneficiary and/or any first person who has entered into a lease or an agreement for lease for any part of the Property, provided that a collateral warranty in favour of such person has not already been requested by the Employer under the Contract.] remedies Nothing in this deed in any way limit or affect any other rights or remedies (whether under any contract, at law, in equity or otherwise) which the Beneficiary would have against the Contractor in the absence of this deed. The liability of the Contractor under this deed shall not be released, diminished or in any other way affected by: the appointment by the Beneficiary of any person to survey the Property or to monitor the carrying out of the Orders or to inspect any documents relating to them on behalf of the Beneficiary or the failure to appoint such a person;
of any claim made by the Beneficiary under this deed and (in that capacity) from conducting and settling it as they see fit.] Assignment The Beneficiary may at any time assign the benefit of this deed and/or any rights arising it by way of absolute legal assignment [to any further person providing finance or re-finance in connection with the Orders] [to any subsequent purchaser of Beneficiary’s interest in the Property (subject to a maximum of two such assignments) and/or by way of charge to any mortgagee of the Property] on notice to the Contractor, without the consent of the Contractor being required. Third parties Any holding or subsidiary company of the Beneficiary or any company associated with it may in its own right enforce any term of this deed. Except as provided in clause 8.1, it is not intended that any third party (other than the Beneficiary) should have the right to enforce a provision of this deed pursuant to the Contracts (Rights of Third Parties) Act 1999. The parties may rescind or vary this deed without the consent of a third party to whom an express right to enforce any of its terms has been provided. [Warranties in favour of others The Contractor shall, within 14 days of being requested so to do by the Beneficiary, execute and deliver to the Beneficiary a deed of collateral warranty (in terms substantially similar to this deed but excluding clauses 3, 4 and 9) in favour of any person who acquires an interest in the Property from the Beneficiary and/or any first person who has entered into a lease or an agreement for lease for any part of the Property, provided that a collateral warranty in favour of such person has not already been requested by the Employer under the Contract.] remedies Nothing in this deed in any way limit or affect any other rights or remedies (whether under any contract, at law, in equity or otherwise) which the Beneficiary would have against the Contractor in the absence of this deed. The liability of the Contractor under this deed shall not be released, diminished or in any other way affected by: the appointment by the Beneficiary of any person to survey the Property or to monitor the carrying out of the Orders or to inspect any documents relating to them on behalf of the Beneficiary or the failure to appoint such a person;
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