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1. Parties: Identifies and defines all parties to the warranty agreement including the contractor/warrantor, beneficiary, and any other relevant parties
2. Background: Sets out the context of the construction project, underlying construction contract, and purpose of the warranty
3. Definitions: Defines key terms used throughout the document including Project, Works, Practical Completion, and Services
4. Warrantor's Obligations: Details the core warranties being provided regarding design, workmanship, and materials standards
5. Duration of Warranty: Specifies the period for which the warranty remains valid and any conditions affecting the warranty period
6. Professional Indemnity Insurance: Requirements for maintaining professional indemnity insurance including coverage levels and duration
7. Limitation of Liability: Sets out any caps or limitations on the warrantor's liability under the agreement
8. Assignment: Provisions regarding the ability to assign the benefit of the warranty to third parties
9. Notices: Requirements for serving notices under the warranty agreement
10. Governing Law and Jurisdiction: Specifies that English and Welsh law governs the agreement and courts have jurisdiction
1. Step-in Rights: Rights of beneficiary to step into the underlying construction contract - include when required by funders or purchasers
2. Copyright License: Permission to use design documents and materials - include when design responsibilities are part of the warranty
3. Deleterious Materials: Specific warranties regarding non-use of harmful materials - include when specifically required by beneficiary
4. Novation Provisions: Provisions for novating the warranty to new parties - include when the project might be sold or transferred
5. Third Party Rights: Rights of third parties under the Contracts (Rights of Third Parties) Act 1999 - include when third party rights are intended
1. Schedule 1 - Project Details: Details of the construction project including location, scope, and specifications
2. Schedule 2 - Professional Indemnity Insurance Details: Specific insurance requirements including coverage amounts and duration
3. Schedule 3 - Form of Notice of Assignment: Template for assigning warranty rights to third parties
4. Schedule 4 - Plans and Drawings: Relevant construction drawings and specifications referenced in the warranty
5. Schedule 5 - Underlying Construction Contract: Details or excerpts of the main construction contract relevant to the warranty
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