Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the Contractor: acknowledges and agrees that: the Commonwealth has entered into the 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, releases and indemnities set out in clause 22; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or has failed to strictly comply with: clause 22; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.4; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 is not capable of being the subject of a dispute or difference for the purposes of clause 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 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 22; 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 Contractor's failure to strictly comply with clause 22 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 22. 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.
Appears in 4 contracts
Samples: Head Contract, Head Contract, Head Contract
Acknowledgement, Release and Indemnity. Without limiting any other provision of the ContractSubcontract, the ContractorConsultant: acknowledges and agrees that: the Commonwealth has Contractor has: entered into the Contract and, Subcontract; if applicable, has made payments to the Contractor Consultant under clause 12.511.5; and if applicable, elected to proceed to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in clause 2219; without limiting any other right or remedy of the Commonwealth Contractor (under the Contract Subcontract or otherwise at law or in equity), ) if the ContractorConsultant: notifies the MCC Contract Administrator or the Contractor’s Representative under clause 22.3(g)(ii)B19.3(g)(ii)B; or has failed to strictly comply with: clause 2219; 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), then: the Commonwealth Contractor may (in its absolute discretion) do any one or more of the following: terminate the Contract Subcontract under clause 14.412.4; or take and such Sensitive and Classified Information Incident or failure may be taken into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions discretion under clause 22 19 is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 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 Contractor 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 2219; 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 Contractor's Consultant’s failure to strictly comply with clause 22 19 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 22. 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 Contractor19.
Appears in 3 contracts
Samples: Design Services Subcontract, Design Services Subcontract, Design Services Subcontract
Acknowledgement, Release and Indemnity. Without limiting any other provision of the ContractPanel Agreement, the ContractorConsultant: acknowledges and agrees that: the Commonwealth has entered into the Contract and, if applicable, has made payments to the Contractor under clause 12.5, Panel Agreement strictly on the basis of, and in reliance upon, the obligations, warranties, obligations and releases and indemnities set out in clause 2215; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity)Commonwealth, if the Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or Consultant has failed to strictly comply with: clause 2215; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator 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 Contract Consultant's Panel Agreement under clause 14.418 or otherwise at law; 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 22 15 is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 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 Contractor 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 2215; 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 Contractor's failure to strictly comply with Consultant being in breach of clause 22 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)15; or the exercise of any of the Commonwealth's absolute discretions under clause 22. 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 Contractor15.
Appears in 3 contracts
Samples: Panel Agreement, Panel Agreement, Panel Agreement
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the ContractorConsultant: acknowledges and agrees that: the Commonwealth Principal has entered into the Contract and, if applicable, has made payments to the Contractor Consultant under clause 12.59.5, strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in clause 2215; without limiting any other right or remedy of the Commonwealth Principal (under the Contract or otherwise at law or in equity), if the ContractorConsultant: notifies the Contract Administrator under clause 22.3(g)(ii)B15.2(e)(iii)B; or has failed to strictly comply with: with clause 22; 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)15, the Commonwealth Principal may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.410.4; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 22 15 is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 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 Contractor 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 2215; 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 ContractorConsultant's failure to strictly comply with clause 22 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)15; or the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 22. 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 Contractor15.
Appears in 2 contracts
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the ContractorConsultant: acknowledges and agrees that: the Commonwealth has has: entered into the Contract and, Contract; if applicable, has made payments to the Contractor Consultant under clause 12.511.5; and if applicable, proceeded to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in clause 2220; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the ContractorConsultant: notifies the Contract Administrator under clause 22.3(g)(ii)B20.3(g)(ii)B; or has failed to strictly comply with: clause 2220; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.412.4; or and take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 20 is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 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 Contractor 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 2220; 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 ContractorConsultant's failure to strictly comply with clause 22 19 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 22. 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 Contractor20.
Appears in 1 contract
Samples: Design Services Contract
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the Contractor: acknowledges and agrees that: the Commonwealth has entered into the 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, releases and indemnities set out in clause 22; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B22.3(f)(ii)B; or has failed to strictly comply with: clause 22; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.4; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 is not capable of being the subject of a dispute or difference for the purposes of clause 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 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 22; 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 Contractor's failure to strictly comply with clause 22 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 22. 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.
Appears in 1 contract
Samples: Head Contract
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the Contractor: acknowledges and agrees that: the Commonwealth has entered into the 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, releases and indemnities set out in clause 2220; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B20.3(f)(ii)B; or has failed to strictly comply with: clause 2220; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.4; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 20 is not capable of being the subject of a dispute or difference for the purposes of clause 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 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 2220; 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 Contractor's failure to strictly comply with clause 22 20 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 2220. Subject to Without limiting clause 23.220, the Contractor warrants that, on must: at its cost obtain and thereafter maintain for the Award Date term of the Contract the level of DISP membership specified in the Contract Particulars; and on comply with any other direction or requirement of the date of submitting each payment claim under clause 12.2, it is not aware of any: Material Change; or Defence Strategic Interest Issue, Contract Administrator in relation to the ContractorDISP.
Appears in 1 contract
Samples: Panel Agreement
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the Contractor: acknowledges and agrees that: the Commonwealth has entered into the Contract and, if applicable, has made payments to the Contractor under clause 12.512.5 and proceeded to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in clause 22; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or has failed to strictly comply with: clause 22; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.4; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 is not capable of being the subject of a dispute or difference for the purposes of clause 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 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 22; 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 Contractor's failure to strictly comply with clause 22 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 22. 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.
Appears in 1 contract
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the ContractorConsultant: acknowledges and agrees that: the Commonwealth has has: entered into the Contract and, Contract; if applicable, has made payments to the Contractor Consultant under clause 12.511.5; and if applicable, proceeded to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in clause 2219; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the ContractorConsultant: notifies the Contract Administrator under clause 22.3(g)(ii)B19.3(g)(ii)B; or has failed to strictly comply with: clause 2219; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.412.4; or and take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 19 is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 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 Contractor 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 2219; 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 ContractorConsultant's failure to strictly comply with clause 22 18 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 22. 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 Contractor19.
Appears in 1 contract
Samples: Design Services Contract
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the Contractor: acknowledges and agrees that: the Commonwealth has entered into the Contract and, if applicable, has made payments to the Contractor under clause 12.5, 11.5 strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in clause 2221; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B21.3(g)(ii)B; or has failed to strictly comply with: clause 2221; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.414.2; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 21 is not capable of being the subject of a dispute or difference for the purposes of clause 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 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 2221; 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 Contractor's failure to strictly comply with clause 22 21 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 22. 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 Contractor21.
Appears in 1 contract
Samples: Medium Works Contract
Acknowledgement, Release and Indemnity. Without limiting any other provision of the ContractPanel Agreement, the ContractorConsultant: acknowledges and agrees that: the Commonwealth has entered into the Contract and, if applicable, has made payments to the Contractor under clause 12.5, Panel Agreement strictly on the basis of, and in reliance upon, the obligations, warranties, obligations and releases and indemnities set out in clause 2215.; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity)Commonwealth, if the Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or Consultant has failed to strictly comply with: clause 2215.; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator 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 Contract Consultant's Panel Agreement under clause 14.418. or otherwise at law; 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 22 15. is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 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 Contractor 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 2215.; 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 Contractor's failure to strictly comply with Consultant being in breach of clause 22 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)15.; or the exercise of any of the Commonwealth's absolute discretions under clause 22. 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.15..
Appears in 1 contract
Samples: Panel Agreement
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the ContractorConsultant: acknowledges and agrees that: the Commonwealth has Principal has: entered into the Contract and, Contract; if applicable, has made payments to the Contractor Consultant under clause 12.59.4; and if the Services are phased, proceeded to each subsequent phase, strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in clause 2215.; without limiting any other right or remedy of the Commonwealth Principal (under the Contract or otherwise at law or in equity), if the ContractorConsultant: notifies the Contract Administrator Principal's Representative under clause 22.3(g)(ii)B15.3B.; or has failed to strictly comply with: clause 2215.; or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator Principal's Representative (including any Separation Arrangements), the Commonwealth Principal may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.410.4; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth Principal's project; and the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 22 15. is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 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 Contractor 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 2215.; 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 ContractorConsultant's failure to strictly comply with clause 22 14. or any other Sensitive and Classified Information or security procedures, security processes and information security requirements notified by the Contract Administrator Principal's Representative (including any Separation Arrangements); or the exercise of any of the CommonwealthPrincipal's absolute discretions under clause 22. 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.15..
Appears in 1 contract
Samples: Subcontract Agreement
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the Contractor: acknowledges and agrees that: the Commonwealth has entered into the 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, releases and indemnities set out in clause 22; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or has failed to strictly comply with: clause 22; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.4; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 is not capable of being the subject of a dispute or difference for the purposes of clause 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 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 22; 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 Contractor's failure to strictly comply with clause 22 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 22. 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.
Appears in 1 contract
Samples: Head Contract
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the Contractor: acknowledges and agrees that: the Commonwealth has entered into the Contract and, if applicable, has made payments to the Contractor under clause 12.512.5 and proceeded to the Delivery Phase, strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in clause 22; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the Contractor: notifies the Contract Administrator under clause 22.3(g)(ii)B; or has failed to strictly comply with: clause 22; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.4; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 is not capable of being the subject of a dispute or difference for the purposes of clause 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 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 22; 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 Contractor's failure to strictly comply with clause 22 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 22. 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.
Appears in 1 contract
Acknowledgement, Release and Indemnity. Without limiting any other provision of the Contract, the ContractorConsultant: acknowledges and agrees that: the Commonwealth has has: entered into the Contract and, Contract; if applicable, has made payments to the Contractor Consultant under clause 12.510.5; and if the Services are phased, proceeded to each subsequent phase, strictly on the basis of, and in reliance upon, the obligations, warranties, releases and indemnities set out in clause 2219; without limiting any other right or remedy of the Commonwealth (under the Contract or otherwise at law or in equity), if the ContractorConsultant: notifies the Contract Administrator under clause 22.3(g)(ii)B19.3(f)(ii)B.; or has failed to strictly comply with: clause 2219; 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), the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate the Contract under clause 14.411.4; or take such Sensitive and Classified Information Incident or failure into account in any registration of interest process, tender process or similar procurement process in connection with any other Commonwealth project; and the exercise of any of the Commonwealth's absolute discretions under clause 22 19 is not capable of being the subject of a dispute or difference for the purposes of clause 15.1 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 Contractor 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 2219; 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 ContractorConsultant's failure to strictly comply with clause 22 18 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 22. 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 Contractor19.
Appears in 1 contract
Samples: Design Services Contract