Common use of Acknowledgement, Release and Indemnity Clause in Contracts

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel Agreement, the Consultant: acknowledges and agrees that: the Commonwealth has entered into the Panel Agreement strictly on the basis of, and in reliance upon, the warranties, obligations and releases set out in clause 15; without limiting any other right or remedy of the Commonwealth, if the Consultant has failed to strictly comply with: clause 15; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement under clause 18 or otherwise at law; or take such failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 15; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: the Consultant being in breach of clause 15; or the exercise of any of the Commonwealth's absolute discretions under clause 15.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the ConsultantContractor: acknowledges and agrees that: the Commonwealth has entered into the Panel Agreement Contract and, if applicable, has made payments to the Contractor under clause 12.5, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1522; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or has failed to strictly comply with: clause 1522; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law14.4; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 22 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 15.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant Contractor or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1522; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Contractor's failure to strictly comply with clause 1522 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 1522. MATERIAL CHANGE OR DEFENCE STRATEGIC INTEREST ISSUE Contractor's Warranty Subject to clause 23.2, the Contractor warrants that, on the Award Date and on the date of submitting each payment claim under clause 12.2, it is not aware of any: Material Change; or Defence Strategic Interest Issue, in relation to the Contractor.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementSubcontract, the Consultant: acknowledges and agrees that: the Commonwealth has Contractor has: entered into the Panel Agreement Subcontract; if applicable, made payments to the Consultant under clause 11.5; and if applicable, elected to proceed to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1519; without limiting any other right or remedy of the Commonwealth, Contractor (under the Subcontract or otherwise at law or in equity) if the Consultant Consultant: notifies the MCC Contract Administrator or the Contractor’s Representative under clause 19.3(g)(ii)B; or has failed to strictly comply with: clause 1519; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements), then: the Commonwealth Contractor may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Subcontract under clause 18 12.4; and such Sensitive and Classified Information Incident or otherwise at law; or take such failure may be taken into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions discretion under clause 15 19 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 13.1 or otherwise subject to review; releases the Commonwealth Contractor in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions discretion under clause 1519; and indemnifies the Commonwealth Contractor in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth Contractor arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Consultant’s failure to strictly comply with clause 1519 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the MCC Contract Administrator or the Contractor’s Representative (including any Separation Arrangements); and or the exercise of any of the Commonwealth's absolute discretions discretion under clause 1519.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the ConsultantContractor: acknowledges and agrees that: the Commonwealth Principal has entered into the Panel Agreement Contract and, if applicable, has made payments to the Contractor under clause 11.5, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1519; without limiting any other right or remedy of the CommonwealthPrincipal (under the Contract or otherwise at law or in equity), if the Consultant Contractor: notifies the Contract Administrator under clause 19.2(e)(iii)B; or has failed to strictly comply with: with clause 15; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager (including any Separation Arrangements)19, the Commonwealth Principal may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law14.2; or take such failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15 19 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 15.1 or otherwise subject to review; releases the Commonwealth Principal in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant Contractor or any other person or entity arising out of or in connection with the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 1519; and indemnifies the Commonwealth Principal in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth Principal arising out of or in connection with: a Confidential Information Incident or Sensitive and Classified Information Incident; the Consultant being in breach of Contractor’s failure to strictly comply with clause 1519; or the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15.19. MATERIAL CHANGE or STRATEGIC INTEREST ISSUE

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the Consultant: acknowledges and agrees that: the Commonwealth Principal has entered into the Panel Agreement Contract and, if applicable, has made payments to the Consultant under clause 9.5, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 15; without limiting any other right or remedy of the CommonwealthPrincipal (under the Contract or otherwise at law or in equity), if the Consultant Consultant: notifies the Contract Administrator under clause 15.2(e)(iii)B; or has failed to strictly comply with: with clause 15; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager (including any Separation Arrangements), the Commonwealth Principal may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law10.4; or take such failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 11.1 or otherwise subject to review; releases the Commonwealth Principal in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15; and indemnifies the Commonwealth Principal in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth Principal arising out of or in connection with: a Confidential Information Incident or Sensitive and Classified Information Incident; the Consultant being in breach of Consultant's failure to strictly comply with clause 15; or the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15.. MATERIAL CHANGE or STRATEGIC INTEREST ISSUE

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the Consultant: acknowledges and agrees that: the Commonwealth has has: entered into the Panel Agreement Contract; if applicable, made payments to the Consultant under clause 11.5; and if applicable, proceeded to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1519; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Consultant: notifies the Contract Administrator under clause 19.3(g)(ii)B; or has failed to strictly comply with: clause 1519; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law12.4; or and take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 19 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 13.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1519; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Consultant's failure to strictly comply with clause 1518 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 1519.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the Consultant: acknowledges and agrees that: the Commonwealth has has: entered into the Panel Agreement Contract; if applicable, made payments to the Consultant under clause 10.5; and if the Services are phased, proceeded to each subsequent phase, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1519; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Consultant: notifies the Contract Administrator under clause 19.3(f)(ii)B.; or has failed to strictly comply with: clause 1519; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law11.4; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 19 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 12.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1519; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Consultant's failure to strictly comply with clause 1518 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 1519.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the ConsultantContractor: acknowledges and agrees that: the Commonwealth has entered into the Panel Agreement Contract and, if applicable, has made payments to the Contractor under clause 11.5 strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1521; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Contractor: notifies the Contract Administrator under clause 21.3(g)(ii)B; or has failed to strictly comply with: clause 1521; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law14.2; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 21 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 15.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant Contractor or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1521; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Contractor's failure to strictly comply with clause 1521 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 15.21. MATERIAL CHANGE or DEFENCE STRATEGIC INTEREST ISSUE

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the ConsultantContractor: acknowledges and agrees that: the Commonwealth Principal has entered into the Panel Agreement Contract and, if applicable, has made payments to the Contractor under clause 11.5, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1520; without limiting any other right or remedy of the CommonwealthPrincipal (under the Contract or otherwise at law or in equity), if the Consultant Contractor: notifies the Contract Administrator under clause 20.2(e)(iii)B; or has failed to strictly comply with: with clause 15; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager (including any Separation Arrangements)20, the Commonwealth Principal may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law14.2; or take such failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15 20 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 15.1 or otherwise subject to review; releases the Commonwealth Principal in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant Contractor or any other person or entity arising out of or in connection with the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 1520; and indemnifies the Commonwealth Principal in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth Principal arising out of or in connection with: a Confidential Information Incident or Sensitive and Classified Information Incident; the Consultant being in breach of Contractor’s failure to strictly comply with clause 1520; or the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15.20. MATERIAL CHANGE or STRATEGIC INTEREST ISSUE

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the ConsultantContractor: acknowledges and agrees that: the Commonwealth has entered into the Panel Agreement Contract and, if applicable, has made payments to the Contractor under clause 12.5, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1522; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or has failed to strictly comply with: clause 1522; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law14.4; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 22 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 15.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant Contractor or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1522; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Contractor's failure to strictly comply with clause 1522 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 1522. MATERIAL CHANGE OR STRATEGIC INTEREST ISSUE Contractor's Warranty Subject to clause 23.2, the Contractor warrants that, on the Award Date and on the date of submitting each payment claim under clause 12.2, it is not aware of any: Material Change; or Strategic Interest Issue, in relation to the Contractor.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the ConsultantContractor: acknowledges and agrees that: the Commonwealth has entered into the Panel Agreement Contract and, if applicable, has made payments to the Contractor under clause 12.5, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1522; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Contractor: notifies the Contract Administrator under clause 22.3(f)(ii)B; or has failed to strictly comply with: clause 1522; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law14.4; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 22 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 15.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant Contractor or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1522; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Contractor's failure to strictly comply with clause 1522 or other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 1522. MATERIAL CHANGE OR DEFENCE STRATEGIC INTEREST ISSUE Contractor's Warranty Subject to clause 23.2, the Contractor warrants that, on the Award Date and on the date of submitting each payment claim under clause 12.2, it is not aware of any: Material Change; or Defence Strategic Interest Issue, in relation to the Contractor.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the ConsultantContractor: acknowledges and agrees that: the Commonwealth has entered into the Panel Agreement Contract and, if applicable, has made payments to the Contractor under clause 12.5 and proceeded to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1522; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or has failed to strictly comply with: clause 1522; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law14.4; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 22 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 15.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant Contractor or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1522; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Contractor's failure to strictly comply with clause 1522 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 1522. MATERIAL CHANGE OR STRATEGIC INTEREST ISSUE Contractor's Warranty Subject to clause 23.2, the Contractor warrants that, on the Award Date, the Date of Delivery Phase Approval and on the date of submitting each payment claim under clause 12.2, it is not aware of any: Material Change; or Strategic Interest Issue, in relation to the Contractor.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel Agreement, the Consultant: acknowledges and agrees that: the Commonwealth has entered into the Panel Agreement strictly on the basis of, and in reliance upon, the warranties, obligations and releases set out in clause 15.; without limiting any other right or remedy of the Commonwealth, if the Consultant has failed to strictly comply with: clause 15.; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement under clause 18 18. or otherwise at law; or take such failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 15. is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 15.; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: the Consultant being in breach of clause 15.; or the exercise of any of the Commonwealth's absolute discretions under clause 15...

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the Consultant: acknowledges and agrees that: the Commonwealth has has: entered into the Panel Agreement Contract; if applicable, made payments to the Consultant under clause 11.5; and if applicable, proceeded to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1520; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Consultant: notifies the Contract Administrator under clause 20.3(g)(ii)B; or has failed to strictly comply with: clause 1520; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law12.4; or and take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 20 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 13.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1520; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Consultant's failure to strictly comply with clause 1519 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 1520.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the Consultant: acknowledges and agrees that: the Commonwealth has Principal has: entered into the Panel Agreement Contract; if applicable, made payments to the Consultant under clause 9.4; and if the Services are phased, proceeded to each subsequent phase, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 15; without limiting any other right or remedy of the CommonwealthPrincipal (under the Contract or otherwise at law or in equity), if the Consultant Consultant: notifies the Principal's Representative under clause 15.3(f)(ii)B; or has failed to strictly comply with: clause 15; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the CommonwealthPrincipal's Panel Manager Representative (including any Separation Arrangements), the Commonwealth Principal may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law10.4; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth Principal's project; and the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 11.1 or otherwise subject to review; releases the Commonwealth Principal in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15; and indemnifies the Commonwealth Principal in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth Principal arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Consultant's failure to strictly comply with clause 1514 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Principal's Representative (including any Separation Arrangements); or the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15. MATERIAL CHANGE or DEFENCE STRATEGIC INTEREST ISSUE This clause does not apply unless the Contract Particulars state that it applies.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the Consultant: acknowledges and agrees that: the Commonwealth has Principal has: entered into the Panel Agreement Contract; if applicable, made payments to the Consultant under clause 9.4; and if the Services are phased, proceeded to each subsequent phase, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 15.; without limiting any other right or remedy of the CommonwealthPrincipal (under the Contract or otherwise at law or in equity), if the Consultant Consultant: notifies the Principal's Representative under clause 15.3B.; or has failed to strictly comply with: clause 15.; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the CommonwealthPrincipal's Panel Manager Representative (including any Separation Arrangements), the Commonwealth Principal may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law10.4; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth Principal's project; and the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15 15. is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 11.1 or otherwise subject to review; releases the Commonwealth Principal in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant or any other person or entity arising out of or in connection with the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15.; and indemnifies the Commonwealth Principal in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth Principal arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Consultant's failure to strictly comply with clause 1514. or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Principal's Representative (including any Separation Arrangements); or the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 15...

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the ConsultantContractor: acknowledges and agrees that: the Commonwealth has entered into the Panel Agreement Contract and, if applicable, has made payments to the Contractor under clause 12.5 and proceeded to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1522; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or has failed to strictly comply with: clause 1522; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law14.4; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 22 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 15.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant Contractor or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1522; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Contractor's failure to strictly comply with clause 1522 or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 1522. MATERIAL CHANGE OR DEFENCE STRATEGIC INTEREST ISSUE Contractor's Warranty Subject to clause 23.2, the Contractor warrants that, on the Award Date, the Date of Delivery Phase Approval and on the date of submitting each payment claim under clause 12.2, it is not aware of any: Material Change; or Defence Strategic Interest Issue, in relation to the Contractor.

Acknowledgement, Release and Indemnity. Without limiting any other provision of the Panel AgreementContract, the ConsultantContractor: acknowledges and agrees that: the Commonwealth has entered into the Panel Agreement Contract and, if applicable, has made payments to the Contractor under clause 12.5, strictly on the basis of, and in reliance upon, the obligations, warranties, obligations releases and releases indemnities set out in clause 1520; without limiting any other right or remedy of the CommonwealthCommonwealth (under the Contract or otherwise at law or in equity), if the Consultant Contractor: notifies the Contract Administrator under clause 20.3(f)(ii)B; or has failed to strictly comply with: clause 1520; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Commonwealth's Panel Manager Contract Administrator (including any Separation Arrangements), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Consultant's Panel Agreement Contract under clause 18 or otherwise at law14.4; or take such Sensitive and Classified Information Incident or failure into account in any future registration of interest process, tender process or similar procurement process in connection with the Panel Agreement, the Services or any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 15 20 is not capable of being the subject of a dispute or difference for the purposes of clause 11 of the Terms of Engagement 15.1 or otherwise subject to review; releases the Commonwealth in respect of any costs, expenses, losses, damages or liabilities suffered or incurred by the Consultant Contractor or any other person or entity arising out of or in connection with the exercise of any of the Commonwealth's absolute discretions under clause 1520; and indemnifies the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a Sensitive and Classified Information Incident; the Consultant being in breach of Contractor's failure to strictly comply with clause 1520 or other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator (including any Separation Arrangements); or the exercise of any of the Commonwealth's absolute discretions under clause 15.20. defence industry security program Without limiting clause 20, the Contractor must: at its cost obtain and thereafter maintain for the term of the Contract the level of DISP membership specified in the Contract Particulars; and comply with any other direction or requirement of the Contract Administrator in relation to the DISP. MATERIAL CHANGE OR DEFENCE STRATEGIC INTEREST ISSUE