109Effect of covenant

109 Effect of covenant (1) A covenant whether expressly contained in any instrument or implied therein under this Act shall be deemed to be made with the covenantee, his or her heirs, executors, executrices, administrators, administratrices and assigns, and shall have effect accordingly. (2) A covenant whether express or implied under this Act made with 2 or more jointly to pay money or to do any other act to them or for their benefit shall be deemed to include, and shall by virtue of this Act imply, an obligation to do the act to or for the benefit of the survivor or survivors of them and to or for the benefit of any other person to whom the right to sue on the covenant devolves. (3) This section applies only if and as far as a contrary intention is not expressed in the instrument and shall have effect subject to the instrument.