Common use of Further Procedures Clause in Contracts

Further Procedures. Where clause 13.16 applies, the following provisions also apply: the Contractor must not without the prior consent of the Consultant agree to a settlement with the Commonwealth or any other relevant person of the Consultant's dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the Consultant's dispute or difference as between the Commonwealth and Contractor: if the determination is not final and binding upon the Contractor: the Contractor is not obliged to appeal against that determination unless the Consultant gives a notice to the Contractor requiring such an appeal: within such time as to reasonably enable the Contractor to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the Contractor; and if the determination is final and binding upon the Contractor, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any Claim which they may have arising out of or in connection with the subject matter of the Consultant's dispute or difference insofar as the determination relates to the dispute or difference. Proportionate Liability To the extent permitted by law, the expert or the arbitrator (as the case may be) will have no power to apply or to have regard to the provisions of the proportionate liability legislation of any Australian jurisdiction which might, in the absence of this provision, have applied to any dispute referred to arbitration or expert determination pursuant to clause 13.18.

Further Procedures. Where clause 13.16 12.16 applies, the following provisions also apply: the Contractor must not without the prior consent of the Consultant agree to a settlement with the Commonwealth or any other relevant person of the Consultant's dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the Consultant's dispute or difference as between the Commonwealth and Contractor: if the determination is not final and binding upon the Contractor: the Contractor is not obliged to appeal against that determination unless the Consultant gives a notice to the Contractor requiring such an appeal: within such time as to reasonably enable the Contractor to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the Contractor; and if the determination is final and binding upon the Contractor, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any Claim which they may have arising out of or in any way in connection with the subject matter of the Consultant's dispute or difference insofar as the determination relates to the dispute or difference. Proportionate Proportional Liability To Notwithstanding anything else, to the extent permitted permissible by law, the expert or the arbitrator (as the case may be) will have no power to apply or to have regard to the provisions of the proportionate any proportional liability legislation of any Australian jurisdiction which might, in the absence of this provision, have applied to any dispute referred to arbitration or expert determination pursuant to clause 13.18this clause. Continuation of Services Despite the existence of a dispute or difference between the parties the Consultant must: continue to carry out the Services; and otherwise comply with its obligations under the Subcontract.

Further Procedures. Where clause 13.16 12.16 applies, the following provisions also apply: the Contractor must not without the prior consent of the Consultant agree to a settlement with the Commonwealth or any other relevant person of the Consultant's ’s dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the Consultant's dispute or difference as between the Commonwealth and Contractor: if the determination is not final and binding upon the Contractor: the Contractor is not obliged to appeal against that determination unless the Consultant gives a notice to the Contractor requiring such an appeal: within such time as to reasonably enable the Contractor to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the Contractor; and if the determination is final and binding upon the Contractor, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any Claim which they may have arising out of or in any way in connection with the subject matter of the Consultant's dispute or difference insofar as the determination relates to the dispute or difference. Proportionate Proportional Liability To Notwithstanding anything else, to the extent permitted permissible by law, the expert or the arbitrator (as the case may be) will have no power to apply or to have regard to the provisions of the proportionate any proportional liability legislation of any Australian jurisdiction which might, in the absence of this provision, have applied to any dispute referred to arbitration or expert determination pursuant to clause 13.18this clause. If any of the Services are being carried out in Western Australia, all of the provisions comprising Part 1F of the Civil Liability Act 2002 (WA) are hereby expressly excluded from application to this Subcontract. Continuation of Services Despite the existence of a dispute or difference between the parties the Consultant must: continue to carry out the Services; and otherwise comply with its obligations under the Subcontract.

Further Procedures. Where clause 13.16 12.16 applies, the following provisions also apply: the Contractor Consultant must not without the prior consent of the Consultant Subconsultant agree to a settlement with the Commonwealth or any other relevant person of the Consultant's Subconsultant’s dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the ConsultantSubconsultant's dispute or difference as between the Commonwealth and ContractorConsultant: if the determination is not final and binding upon the ContractorConsultant: the Contractor Consultant is not obliged to appeal against that determination unless the Consultant Subconsultant gives a notice to the Contractor Consultant requiring such an appeal: within such time as to reasonably enable the Contractor Consultant to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor Consultant to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the ContractorConsultant; and if the determination is final and binding upon the ContractorConsultant, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any Claim which they may have arising out of or in any way in connection with the subject matter of the ConsultantSubconsultant's dispute or difference insofar as the determination relates to the dispute or difference. Proportionate Proportional Liability To Notwithstanding anything else, to the extent permitted permissible by law, the expert or the arbitrator (as the case may be) will have no power to apply or to have regard to the provisions of the proportionate any proportional liability legislation of any Australian jurisdiction which might, in the absence of this provision, have applied to any dispute referred to arbitration or expert determination pursuant to clause 13.18this clause. Continuation of Subcontract Services Despite the existence of a dispute or difference between the parties the Subconsultant must: continue to carry out the Subcontract Services; and otherwise comply with its obligations under the Subcontract.