(together the “ Essential Matters ”).
45.2 If the owner fails to satisfy the applicable Essential Matters or the builder has not received the Permits required to be obtained, prior to the expiry of the initial period the builder:
(a) may end this contract by giving the owner a written notice to that effect at any time prior to commencing the building works ; or
(b) if there has been any increase in the price of the building works , or an increase in the advertised list price of the house, or any promotional offers in the Tender have expired or been withdrawn, or an increase is applicable in accordance with the Tender , the owner must pay a contract price adjustment in addition to the contract price . 45.3 If the builder so ends this contract pursuant to Clause 45.2(a) or Clause 49.1(a), the owner must pay to the builder all direct costs and expenses incurred by the builder on behalf of the owner plus an amount estimated by the builder to cover its costs up to the date this contract is ended. 45.4 If there is a contract price adjustment pursuant to clause 45.2(b) the builder and the owner must sign a variation prior to the commencement of the building works .
45.5 For the purposes of this contract , the Tender expiry date is <insert date>.
Clause 46. Rubbish and Debris
(a) The owner agrees to comply with any request or notice issued by the builder at any time during the building period , in connection with the removal of any vegetation, rubbish or debris including any material uncovered by the builder that should have been removed as part of the demolition of an existing house (if any) or deposited on the site by persons other than the builder or the builder’s subcontractors . (b) If the vegetation, rubbish or debris is not removed in compliance with the request or notice issued by the builder then the owner is deemed to have asked the builder to carry out that extra work and a variation will be raised by the builder for the cost of the removal plus builder’s margin . (c) The owner agrees, if applicable, to supply to the builder a Hygienist Clearance Certificate certifying that there is no residual asbestos left on site after the rubbish removal or demolition has been completed.
Clause 47. Works by Owner
47.1 (a)
No work is to be carried out by the owner or the owner’s contractors
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