Common use of Commonwealth rights Clause in Contracts

Commonwealth rights. (a) Without limiting any of the Commonwealth’s other rights or remedies, on termination of this Agreement, the Commonwealth: (i) is not obliged to pay to the Recipient any outstanding amount of the Funds, except to the extent that those monies have been legally committed for expenditure by the Recipient in accordance with this Agreement and payable by the Recipient as a current liability (written evidence of which will be required) by the date the Recipient receives the Notice of termination; and (ii) is entitled to recover from the Recipient: (A) any Funds which have not been spent, or legally committed for expenditure by the Recipient in accordance with this Agreement and payable by the Recipient as a current liability (written evidence of which will be required), by the date the Recipient receives the Notice of termination; and (B) the amount of any Funds which, in the Commonwealth’s opinion, have been spent other than in accordance with this Agreement. (b) The Commonwealth may give the Recipient a Notice requiring the Recipient to repay to the Commonwealth (or deal with as specified by the Commonwealth) an amount which the Commonwealth is entitled to recover under clause 27.6(a)(ii). CRC-P Funding Agreement CRC-P53981 | Novogen Limited | March 2017 page 36 (c) If the Commonwealth gives a Notice under clause 27.6(b), the Recipient must repay the amount specified in the Notice in full (or deal with it as specified by the Commonwealth) within 30 days of the date of the Notice.

Appears in 2 contracts

Samples: CRC Project Funding Agreement (Kazia Therapeutics LTD), CRC Project Funding Agreement (Novogen LTD)

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Commonwealth rights. (a) Without limiting any of the Commonwealth’s 's other rights or remedies, on termination of this Agreement, the Commonwealth: (i) is not obliged to pay to the Recipient any outstanding amount of the Funds, except to the extent that those monies have been legally committed for expenditure by the Recipient in accordance with this Agreement and payable by the Recipient as a current liability (written evidence of which will be required) by the date the Recipient receives the Notice notice of termination; and (ii) is entitled to recover from the Recipient: (A) any Funds which have not been spent, or legally committed for expenditure by the Recipient in accordance with this Agreement and payable by the Recipient as a current liability (written evidence of which will be required), by the date the Recipient receives the Notice notice of termination; and (B) the amount of any Funds which, in the Commonwealth’s 's opinion, have been spent other than in accordance with this Agreement. (b) The Commonwealth may give the Recipient a Notice notice requiring the Recipient to repay to the Commonwealth (or deal with as specified by the Commonwealth) an amount which the Commonwealth is entitled to recover under clause 27.6(a)(ii27.3(a)(ii). CRC-P Funding Agreement CRC-P53981 | Novogen Limited | March 2017 page 36. (c) If the Commonwealth gives a Notice notice under clause 27.6(b27.3(b), the Recipient must repay the amount specified in the Notice notice in full (or deal with it as specified by the Commonwealth) within 30 days of the date of the Noticenotice.

Appears in 1 contract

Samples: Accelerating Commercialisation Funding Agreement

Commonwealth rights. (a) Without limiting any of the Commonwealth’s 's other rights or remedies, on termination of this Agreement, the Commonwealth: (i) is not obliged to pay to the Recipient any outstanding amount of the Grant Funds, except to the extent that those monies have been legally committed for expenditure by the Recipient in accordance with this Agreement and payable by the Recipient as a current liability (written evidence of which will be required) by the date the Recipient receives the Notice of termination; and (ii) is entitled to recover from the Recipient: (A) any Grant Funds which have not been spent, or legally committed for expenditure by the Recipient in accordance with this Agreement and payable by the Recipient as a current liability (written evidence of which will be required), by the date the Recipient receives the Notice of termination; and (B) the amount of any Grant Funds which, in the Commonwealth’s 's opinion, have been spent other than in accordance with this Agreement. (b) The Commonwealth may give the Recipient a Notice requiring the Recipient to repay to the Commonwealth (or deal with as specified by the Commonwealth) an amount which the Commonwealth is entitled to recover under clause 27.6(a)(ii). CRC-P Funding Agreement CRC-P53981 | Novogen Limited | March 2017 page 36. (c) If the Commonwealth gives a Notice under clause 27.6(b), the Recipient must repay the amount specified in the Notice in full (or deal with it as specified by the Commonwealth) within 30 days of the date of the Notice.

Appears in 1 contract

Samples: CRC Project Funding Agreement

Commonwealth rights. (a) Without limiting any of the Commonwealth’s 's other rights or remedies, on termination of this Agreement, the CommonwealthDepartment: (i) is not obliged to pay to the Recipient any outstanding amount of the Funds, except to the extent that those monies have been legally committed for expenditure by the Recipient in accordance with this Agreement and payable by the Recipient as a current liability (written evidence of which will be required) by the date the Recipient receives the Notice of termination; and (ii) is entitled to recover from the Recipient: (A) any Funds which have not been spent, or legally committed for expenditure by the Recipient in accordance with this Agreement and payable by the Recipient as a current liability (written evidence of which will be required), by the date the Recipient receives the Notice of termination; and (B) the amount of any Funds which, in the Commonwealth’s Department's opinion, have been spent other than in accordance with this Agreement. (b) The Commonwealth Department may give the Recipient a Notice requiring the Recipient to repay to the Commonwealth Department (or deal with as specified by the CommonwealthDepartment) an amount which the Commonwealth Department is entitled to recover under clause 27.6(a)(ii28.6(a)(ii). CRC-P Funding Agreement CRC-P53981 | Novogen Limited | March 2017 page 36. (c) If the Commonwealth Department gives a Notice under clause 27.6(b28.6(b), the Recipient must repay the amount specified in the Notice in full (or deal with it as specified by the CommonwealthDepartment) within 30 days of the date of the Notice.

Appears in 1 contract

Samples: Defence CRC Funding Agreement

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Commonwealth rights. (a) Without limiting any of the Commonwealth’s 's other rights or remedies, on termination of this AgreementDeed, the Commonwealth: (i) is not obliged to pay to the Recipient Grantee any outstanding amount of the Funds, except to the extent that those monies have been legally committed for expenditure by the Recipient Grantee in accordance with this Agreement Deed and payable by the Recipient Grantee as a current liability (written evidence of which will be required) by the date the Recipient Grantee receives the Notice of termination; and (ii) is entitled to recover from the RecipientGrantee: (A) any Funds which have not been spent, or legally committed for expenditure by the Recipient Grantee in accordance with this Agreement Deed and payable by the Recipient Grantee as a current liability (written evidence of which will be required), by the date the Recipient Grantee receives the Notice of termination; and (B) the amount of any Funds which, in the Commonwealth’s 's opinion, have been spent other than in accordance with this AgreementDeed. (b) The Commonwealth may give the Recipient Grantee a Notice requiring the Recipient Grantee to repay to the Commonwealth (or deal with as specified by the Commonwealth) an amount which the Commonwealth is entitled to recover under clause 27.6(a)(ii24.4(a)ii). CRC-P Funding Agreement CRC-P53981 | Novogen Limited | March 2017 page 36. (c) If the Commonwealth gives a Notice under clause 27.6(b24.4(b), the Recipient Grantee must repay the amount specified in the Notice in full (or deal with it as specified by the Commonwealth) within 30 days of the date of the Notice.

Appears in 1 contract

Samples: Funding Agreement

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