Common use of Acknowledgements, Release and Indemnity Clause in Contracts

Acknowledgements, Release and Indemnity. Without limiting any other provision of the Contract, the Consultant: acknowledges and agrees that if it: is in breach of the warranty under clause 18.1; fails to notify the Commonwealth's Representative under clause 18.2; or fails to comply with any of the requirements or conditions notified under clause 18.3, the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate this Contract under clause 11.4 or otherwise at law; or take such failure into account in assessing any future registration of interest or tender lodged by the Consultant; acknowledges and agrees that the exercise of any of the Commonwealth's absolute discretions under this clause 18. is not capable of being the subject of a dispute or difference for the purposes of clause 12. or otherwise subject to review; releases the Commonwealth from all Claims arising out of in connection with the exercise of any of the Commonwealth's absolute discretions under this clause 18.; indemnifies the Commonwealth in respect of all Claims arising out of in connection with: the Consultant: being in breach of the warranty under clause 18.1; failing to notify the Commonwealth's Representative under clause 18.2; or failing to comply with any of the requirements or conditions notified under clause 18.3; or the exercise of any of the Commonwealth's absolute discretions under this clause 18.; and acknowledges and agrees that the Commonwealth has entered into this Contract strictly on the basis of, and in reliance upon, the acknowledgments, warranties, releases and indemnities set out in this clause 18..

Appears in 2 contracts

Samples: Panel Agreement, Panel Agreement

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Acknowledgements, Release and Indemnity. Without limiting any other provision of the Contract, the Consultant: acknowledges and agrees that if it: is in breach of the warranty under clause 18.117.1; fails to notify the Commonwealth's Representative under clause 18.217.2; or fails to comply with any of the requirements or conditions notified under clause 18.317.3, the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate this Contract under clause 11.4 10.4 or otherwise at law; or take such failure into account in assessing any future registration of interest or tender lodged by the Consultant; acknowledges and agrees that the exercise of any of the Commonwealth's absolute discretions under this clause 18. 17 is not capable of being the subject of a dispute or difference for the purposes of clause 12. 11 or otherwise subject to review; releases the Commonwealth from all Claims arising out of in connection with the exercise of any of the Commonwealth's absolute discretions under this clause 18.17; indemnifies the Commonwealth in respect of all Claims arising out of in connection with: the Consultant: being in breach of the warranty under clause 18.117.1; failing to notify the Commonwealth's Representative under clause 18.217.2; or failing to comply with any of the requirements or conditions notified under clause 18.317.3; or the exercise of any of the Commonwealth's absolute discretions under this clause 18.17; and acknowledges and agrees that the Commonwealth has entered into this Contract strictly on the basis of, and in reliance upon, the acknowledgments, warranties, releases and indemnities set out in this clause 18..17.

Appears in 1 contract

Samples: Panel Agreement

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Acknowledgements, Release and Indemnity. Without limiting any other provision of the Contract, the Consultant: acknowledges and agrees that if it: is in breach of the warranty under clause 18.119.1; fails to notify the Commonwealth's Representative under clause 18.219.2; or fails to comply with any of the requirements or conditions notified under clause 18.319.3, the Commonwealth may (in its absolute discretion) do any one or more of the following: terminate this Contract under clause 11.4 12.4 or otherwise at law; or take such failure into account in assessing any future registration of interest or tender lodged by the Consultant; acknowledges and agrees that the exercise of any of the Commonwealth's absolute discretions under this clause 1819. is not capable of being the subject of a dispute or difference for the purposes of clause 1213. or otherwise subject to review; releases the Commonwealth from all Claims arising out of in connection with the exercise of any of the Commonwealth's absolute discretions under this clause 1819.; indemnifies the Commonwealth in respect of all Claims arising out of in connection with: the Consultant: being in breach of the warranty under clause 18.119.1; failing to notify the Commonwealth's Representative under clause 18.219.2; or failing to comply with any of the requirements or conditions notified under clause 18.319.3; or the exercise of any of the Commonwealth's absolute discretions under this clause 1819.; and acknowledges and agrees that the Commonwealth has entered into this Contract strictly on the basis of, and in reliance upon, the acknowledgments, warranties, releases and indemnities set out in this clause 1819..

Appears in 1 contract

Samples: Panel Agreement

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