Common use of Consequences Following Managing Contractor Contract Termination Clause in Contracts

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 14.9(b)(i14.9(a) or in accordance with any Subcontractor Deed of Covenant entered into by the Subcontractor under clause 2.2(c2.2(d), 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(i); 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 a)(ii) and (i)Ca)(iii); 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 14.9(b)(i14.9(a) or in accordance with any Subcontractor Deed of Covenant entered into by the Subcontractor under clause 2.2(c)8.5, then the Subcontractor: will be entitled to the payment of the following amounts as determined by the Contractor’s '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(i); 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 's Activities; and must: take all steps possible to mitigate the costs referred to in subparagraphs (i)B a)(ii) and (i)Ca)(iii); and comply with clause 21.3 and, if clause 22 applies, clause 22.4 (including by handing immediately hand over to the Contractor’s Representative Contractor all copies of of: documents provided by the Contractor in connection with the Subcontractor's Activities; and 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 14.10 will be a limitation upon the Contractor’s liability to the Subcontractor arising out of of, or in any way in connection with with, the termination of the Subcontract under clause 14.9 and the Subcontractor will not be entitled to make, nor will make any Claim against the Contractor be liable upon, any Claim arising out of of, or in any way in connection with with, the termination of the Subcontract other than for the amount payable under this 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 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 subsubparagraph 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 20.3 and, if clause 22 21 applies, clause 22.4 21.4 (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 14.9(b)(i(a) or in accordance with any Subcontractor Deed of Covenant entered into by the Subcontractor under clause 2.2(c)8.5, then the Subcontractor: will be entitled to the payment of the following amounts as determined by the Contractor’s '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(i); 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 's Activities; and must: take all steps possible to mitigate the costs referred to in subparagraphs (i)B a)(ii) and (i)Ca)(iii); and comply with clause 21.3 and, if clause 22 applies, clause 22.4 (including by handing immediately hand over to the Contractor’s Representative Contractor all copies of of: documents provided by the Contractor in connection with the Subcontractor's Activities; and 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 14.10 will be a limitation upon the Contractor’s liability to the Subcontractor arising out of of, or in any way in connection with with, the termination of the Subcontract under clause 14.9 and the Subcontractor will not be entitled to make, nor will make any Claim against the Contractor be liable upon, any Claim arising out of of, or in any way in connection with with, the termination of the Subcontract other than for the amount payable under this 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 14.9(b)(i(a) or in accordance with any Subcontractor Deed of Covenant entered into by the Subcontractor under clause 2.2(c(d), 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(i); 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 ii) and (i)Ciii); and comply with clause 21.3 and, if clause 22 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.