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4.—(1) A construction contract is excluded from the operation of the 1997 Order if it is a finance agreement.
(2) For the purposes of paragraph (1), a contract is a finance agreement if it is any one of the following—
(a)any contract of insurance;
(b)any contract under which the principal obligations include the formation or dissolution of a company, unincorporated association or partnership;
(c)any contract under which the principal obligations include the creation or transfer of securities or any right of interest in securities;
(d)any contract under which the principal obligations include the lending of money;
(e)any contract under which the principal obligations include an undertaking by a person to be responsible as surety for the debt or default of another person, including a fidelity bond, advance payment bond, retention bond or performance bond.
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