Collateral Warranty .doc

COLLATERAL WARRANTY – DESIGN AND CONSTRUCT THIS DEED is made the day of 200[ ] BETWEEN [ ] whose registered office is at [ ] (hereinafter called the “Beneficiary”); [ ] whose registered office as at [ ] (hereinafter called the “Contractor”); and NETWORK RAIL INFRASTRUCTURE LIMITED whose registered office is at Kings Place, 90 York Way, London, N1 9AG (hereinafter called the “Employer”). WHEREAS The Beneficiary has entered into a [finance agreement] [an agreement to purchase] [an agreement to lease/a lease] with the Employer [for the provision of finance in connection with] [relating to][ ] [forming [a part of/the whole of] [ ]] (the “Works”). The Contractor has been appointed by the Employer under a contract (the “Contract”) dated [ ] to design and construct the Works. [(C) The Employer is a party to this Deed to acknowledge the rights of the Contractor and the Beneficiary should the Beneficiary take over the Employer’s position under the Contract.] NOW IT IS HEREBY AGREED AS FOLLOWS:- The Contractor warrants and undertakes to the Beneficiary that he has carried out and that he will carry out each and all obligations, duties and undertakings of the Contractor in connection with the Works when and if such obligations, duties and undertakings become due and performable and otherwise in accordance with the terms of the Contract. The Contractor shall be entitled in any action or proceedings by the Beneficiary to rely on any limitation in the Contract and to raise the equivalent rights in defence of liability (except for any rights of set-off or deduction) as it would have had against the Employer under the Contract. The obligations of the Contractor under or pursuant to Clause 1 shall not be release