Common use of Act 1998 Clause in Contracts

Act 1998. Where the Contractor enters into a sub-contract, the Contractor shall include in that sub-contract: provisions having the same effects as clauses 5.3 to 5.7 of this Agreement; and a provision requiring the counterparty to that sub-contract to include in any sub-contract which it awards provisions having the same effect as 5.3 to 5.8 of this Agreement. In this clause 5.8, “sub-contract” means a contract between two or more suppliers, at any stage of remoteness from the Trust in a subcontracting chain, made wholly or substantially for the purpose of performing (or contributing to the performance of) the whole or any part of this Agreement. If any sum of money is recoverable from or payable by the Contractor under the Agreement (including any sum which the Contractor is liable to pay to the Trust in respect of any breach of the Agreement), that sum may be deducted unilaterally by the Trust from any sum then due, or which may come due, to the Contractor under the Agreement or under any other agreement or contract with the Trust. The Contractor shall not be entitled to assert any credit, set-off or counterclaim against the Trust in order to justify withholding payment of any such amount in whole or in part.

Act 1998. Where the Contractor enters into a sub-contract, the Contractor shall include in that sub-contract: provisions having the same effects as clauses 5.3 15.3 to 5.7 15.7 of this Agreement; and a provision requiring the counterparty to that sub-contract to include in any sub-contract which it awards provisions having the same effect as 5.3 15.3 to 5.8 15.8 of this Agreement. In this clause 5.815.8, “sub-contract” means a contract between two or more suppliers, at any stage of remoteness from the Trust in a subcontracting chain, made wholly or substantially for the purpose of performing (or contributing to the performance of) the whole or any part of this Agreement. If any sum of money is recoverable from or payable by the Contractor under the Agreement (including any sum which the Contractor is liable to pay to the Trust in respect of any breach of the Agreement), that sum may be deducted unilaterally by the Trust from any sum then due, or which may come due, to the Contractor under the Agreement or under any other agreement or contract with the Trust. The Contractor shall not be entitled to assert any credit, set-off or counterclaim against the Trust in order to justify withholding payment of any such amount in whole or in part.

Act 1998. Where the Contractor enters into a sub-contract, the Contractor shall include in that sub-contract: provisions having the same effects as clauses 5.3 14.3 to 5.7 14.7 of this Agreement; and a provision requiring the counterparty to that sub-contract to include in any sub-contract which it awards provisions having the same effect as 5.3 14.3 to 5.8 14.8 of this Agreement. In this clause 5.814.8, “sub-contract” means a contract between two or more suppliers, at any stage of remoteness from the Trust in a subcontracting chain, made wholly or substantially for the purpose of performing (or contributing to the performance of) the whole or any part of this Agreement. If any sum of money is recoverable from or payable by the Contractor under the Agreement (including any sum which the Contractor is liable to pay to the Trust in respect of any breach of the Agreement), that sum may be deducted unilaterally by the Trust from any sum then due, or which may come due, to the Contractor under the Agreement or under any other agreement or contract with the Trust. The Contractor shall not be entitled to assert any credit, set-off or counterclaim against the Trust in order to justify withholding payment of any such amount in whole or in part.