Consequences Following Managing Contractor Contract Termination. If the Subcontract is terminated under clause 14.9(b)(i) or in accordance with any Subcontractor Deed of Covenant entered into by the Subcontractor under clause 2.2(c), then the Subcontractor: will be entitled to the payment of the following amounts as determined by the Contractor’s Representative: for work carried out prior to the date of termination, the amount which would have been payable if the Subcontract had not been terminated and the Subcontractor submitted a payment claim for work carried out to the date of termination; the cost of goods or materials reasonably ordered by the Subcontractor for the Subcontract Works for which the Subcontractor is legally bound to pay provided that: the value of the goods or materials is not included in the amount payable under subparagraph A; and title in the goods and materials will vest in the Commonwealth upon payment by the Commonwealth to the Contractor under the Managing Contractor Contract in respect of those goods and materials; and the reasonable cost of removing from the Site all labour, Plant, Equipment and Work and other things used in the Subcontractor’s Activities; and must: take all steps possible to mitigate the costs referred to in subparagraphs (i)B and (i)C; and comply with clause 21.3 and, if clause 22 applies, clause 22.4 (including by handing over to the Contractor’s Representative copies of Project Documents prepared by the Subcontractor to the date of termination (whether complete or not)). The amount to which the Subcontractor is entitled under clause 14.10 will be a limitation upon the Contractor’s liability to the Subcontractor arising out of or in connection with the termination of the Subcontract under clause 14.9 and the Subcontractor will not be entitled to make, nor will the Contractor be liable upon, any Claim arising out of or in connection with the termination of the Subcontract other than for the amount payable under clause 14.10. Clauses 14.9 and 14.10 will survive termination of the Subcontract by the Contractor under clause 14.9.
Consequences Following Managing Contractor Contract Termination. If the Subcontract is terminated under clause 12.9(a)(i), then the Consultant: will be entitled to the payment for work carried out prior to the date of termination in the amount (as determined by the Contractor's Representative) which would have been payable if the Subcontract had not been terminated and the Consultant submitted a payment claim for work carried out to the date of termination; and must comply with clause 18.3 and, if clause 19 applies, clause 19.4 (including by handing over to the Contractor’s Representative copies of Project Documents prepared by the Consultant to the date of termination (whether complete or not)). The amounts to which the Consultant is entitled under clause 12.10 will be a limitation upon the Contractor's liability to the Consultant arising out of or in connection with the termination of the Subcontract under clause 12.9 and the Consultant will not be entitled to make a Claim against the Contractor arising out of or in connection with the termination of the Subcontract other than for the amount payable under paragraph (a)(i). Clauses 12.9 and 12.10 will survive termination of the Subcontract by the Contractor under clause 12.9. DisputeS
Consequences Following Managing Contractor Contract Termination. If the Subcontract is terminated under clause 14.5(a) or in accordance with any Subcontractor Deed of Covenant entered into by the Subcontractor under clause 7.4, then the Subcontractor: will be entitled to the payment of the following amounts as determined by the Contractor's Representative: the unpaid Subcontract value of the Subcontract Works completed before the date of termination in accordance with the Subcontract; and all reasonable direct costs incurred by the Subcontractor as a result of the termination (subject to the Subcontractor taking all reasonable steps to mitigate those costs); and must immediately hand over to the Contractor all Project Documents prepared by the Subcontractor to the date of termination (whether complete or not). The amount to which the Subcontractor is entitled under this clause 14.6 will be full compensation for the termination and the Contractor will not be liable to the Subcontractor upon any claim (whether under the Subcontract or (insofar as is permitted by law) any other principle of law) arising out of or in connection with the termination other than for the amount payable under this clause. Clauses 14.5 and 14.6 will survive termination of the Subcontract by the Contractor under clause 14.5.
