Common use of Act of Prevention Clause in Contracts

Act of Prevention. Any one of: a breach of the Contract by the Commonwealth; any other act or omission of the Commonwealth, the Contract Administrator or an Other Contractor engaged by the Commonwealth; or a Variation the subject of a direction by the Contract Administrator, except where the Variation is instructed in the circumstances described in clause 9.9(b), but excluding any act or omission of the Commonwealth, the Contract Administrator or an Other Contractor engaged by the Commonwealth in accordance with or otherwise permitted by the Contract. Any licence, permit, consent, approval, determination, certificate, notice or other requirement of any Commonwealth, State, Territory or local authority, body or other organisation having any jurisdiction in connection with the Site, the Contractor's Activities or the Works or under any applicable Statutory Requirement, which must be obtained or satisfied to: carry out the Contractor's Activities or the Works; or occupy, use, maintain or operate the completed Works. An unconditional undertaking (duly stamped) in the form set out in the Schedule of Collateral Documents and otherwise on terms and given by a financial institution approved by the Commonwealth.

Appears in 5 contracts

Samples: Head Contract, Early Contractor Involvement Head Contract, Head Contract

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