IT Equipment. Without limiting the Contractor's obligations under the Contract, the Contractor warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Contract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth's systems as a result of the supply by the Contractor of any IT Equipment or as a result of any other act or omission of the Contractor in connection with carrying out the Contractor's Activities and the Works. Without limiting clause 8.6, the Contractor must assign to the Commonwealth, the benefits of warranties given by any supplier from whom the Contractor sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Contractor becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause 18.5 does not in any way relieve the Contractor of the obligation to comply with warranties given by the Contractor under the Contract. The Contractor must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of the Contract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract only for the purposes of fulfilling its obligations under the Contract; not disclose Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract without the prior written approval of the Contract Administrator; not collect, transfer, store or otherwise use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the Contract Administrator; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the Contract Administrator in relation to the management of Personal Information in connection with the Contract; ensure that any person whom the Contractor allows to access Personal Information which is received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract are, at the expiration or earlier termination of the Contract, at the Contract Administrator's election, to be either returned to the Commonwealth or deleted or destroyed in the presence of a person duly authorised by the Contract Administrator to oversee such deletion or destruction; agree to the naming or other identification of the Contractor in reports by the Federal Privacy Commissioner; ensure that any subcontract made in connection with the Contract contains enforceable obligations requiring the subcontractor to comply with the Contractor's obligations arising out of clause 18.6, as if the subcontractor were the Contractor; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the Contract Administrator may give; not use Personal Information collected by the Contractor for the purposes of, under, arising out of or in connection with the Contract for, or in any way relating to, any direct marketing purpose; and indemnify the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a breach of the obligations of the Contractor under clause 18.6; a breach of a subcontractor's obligations under a subcontract as contemplated by subparagraph (xi); the misuse of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor; or the disclosure of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor in breach of an obligation of confidence. For the purposes of paragraph (a)(xiv), costs, expenses, losses, damages or liabilities includes any compensation paid to a person by or on behalf of the Commonwealth to settle a complaint arising out of or in connection with a breach of clause 18.6. The Contractor must immediately notify the Commonwealth in writing if the Contractor: becomes aware of a breach of the obligations under clause 18.6 by itself or by a subcontractor; becomes aware of a breach of a subcontractor's obligations under a subcontract as contemplated by paragraph (a)(xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subcontractor has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Contractor acknowledges that, in addition to the requirements of clause 18.6, the Contractor may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause 18.6 limits any of the Contractor's obligations under the Contract or otherwise at law or in equity. In clause 18.6, received includes collected. To the extent permitted by law, the Contractor: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and subcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person's Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Works by: the Commonwealth; any third party to whom the Commonwealth sub-licenses (whether that sub‑licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Works (Sub-Licensee); any third party to whom the Commonwealth assigns any Intellectual Property Rights in the Project Documents or the Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Contractor's or any other person's authorship of the Project Documents or the Works; falsely attributing authorship of the Project Documents or the Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Works; or it is prejudicial to the honour or reputation of the Contractor or any other author of the Project Documents or the Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Works other than for the purpose for which it was intended at the time the Project Document was or the Works were created; altering the Project Documents or the Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Works, including by combining elements of the Project Documents or the Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Works), whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Contractor must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause 18.7 the sum of $1 on behalf of the Commonwealth; within 7 days of a Moral Rights Consent having been executed in accordance with clause 18.7, provide the Moral Rights Consent to the Contract Administrator; and maintain an up-to-date record of the names and addresses of each person who is an author of Project Documents or any part of the Works and the Project Documents or any part of the Works of which each such person is an author, and provide a copy of the record to the Contract Administrator whenever it is updated. The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Contractor acknowledges that Commonwealth requirements and policies will require certain identifying details of the Contract to be made available to the public via the internet.

Appears in 5 contracts

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

IT Equipment. Without limiting the Contractor's ’s obligations under the Contract, the Contractor warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Contract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth's systems as a result of the supply by the Contractor of any IT Equipment or as a result of any other act or omission of the Contractor in connection with carrying out the Contractor's Activities and the Works. Without limiting clause ~~8.6~~7.4(d), the Contractor must assign to the ~~Commonwealth,~~ Commonwealth the benefits of warranties given by any supplier from whom the Contractor sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Contractor becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause ~~18.5~~ 17.5 does not in any way relieve the Contractor of the obligation to comply with warranties given by the Contractor under the Contract. The Contractor must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of, under, arising out of or in connection with the Contract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract only for the purposes of fulfilling its obligations under the Contract; not disclose Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract without the prior written approval of the ~~Contract Administrator~~PDS Contractor; not collect, transfer, store or otherwise use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the ~~Contract Administrator~~PDS Contractor; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the ~~Contract Administrator~~ PDS Contractor in relation to the management of Personal Information in connection with the Contract; ensure that any person whom the Contractor allows to access Personal Information which is received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract are, at the expiration or earlier termination of the Contract, at the ~~Contract Administrator~~PDS Contractor's election, to be either returned to the Commonwealth or deleted or destroyed in the presence of a person duly authorised by the ~~Contract Administrator~~ PDS Contractor to oversee such deletion or destruction; agree to the naming or other identification of the Contractor in reports by the Federal Privacy Commissioner; ensure that any subcontract made in connection with the Contract contains enforceable obligations requiring the subcontractor to comply with the Contractor's obligations arising out of clause ~~18.6,~~ 17.6 as if the subcontractor were the Contractor; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the ~~Contract Administrator~~ PDS Contractor may give; not use Personal Information collected by the Contractor for the purposes of, under, arising out of or in connection with the Contract for, or in any way relating to, any direct marketing purpose; and indemnify the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a breach of the obligations of the Contractor under clause ~~18.6~~17.6; a breach of a subcontractor's obligations under a subcontract as contemplated by subparagraph (xi); the misuse of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor; or the disclosure of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor in breach of an obligation of confidence. For the purposes of paragraph (a)(xiv), costs, expenses, losses, damages or liabilities ~~includes~~ include any compensation paid to a person by or on behalf of the Commonwealth to settle a complaint arising out of or in connection with a breach of clause ~~18.6~~17.6. The Contractor must immediately notify the Commonwealth in writing if the Contractor: becomes aware of a breach of the obligations under clause ~~18.6~~ 17.6 by itself or by a subcontractor; becomes aware of a breach of a subcontractor's obligations under a subcontract as contemplated by paragraph (a)(xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subcontractor has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Contractor acknowledges that, in addition to the requirements of clause ~~18.6~~17.6, the Contractor may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause ~~18.6~~ 17.6 limits any of the Contractor's obligations under the Contract or otherwise at law or in equity. In clause ~~18.6~~17.6, received includes collected. To the extent permitted by law, the Contractor: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and subcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person's Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Works by: the Commonwealth; any third party to whom the Commonwealth sub-licenses (whether that ~~sub‑licence~~ sub-licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Works (~~Sub-Licensee~~Sub‑Licensee); any third party to whom the Commonwealth assigns any Intellectual Property Rights in the Project Documents or the Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Contractor's or any other person's authorship of the Project Documents or the Works; falsely attributing authorship of the Project Documents or the Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Works; or it is prejudicial to the honour or reputation of the Contractor or any other author of the Project Documents or the Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Works other than for the purpose for which it was intended at the time the Project Document was or the Works were created; altering the Project Documents or the Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Works, including by combining elements of the Project Documents or the Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Works), whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Contractor must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause ~~18.7~~ 17.7 the sum of $1 on behalf of the Commonwealth; within 7 days of a Moral Rights Consent having been executed in accordance with clause ~~18.7~~17.7, provide the Moral Rights Consent to the ~~Contract Administrator~~PDS Contractor; and maintain an up-to-date record of the names and addresses of each person who is an author of the Project Documents or any part of the ~~Works~~ Works, and the Project Documents or any part of the Works of which each such person is an author, and provide a copy of the record to the ~~Contract Administrator~~ PDS Contractor whenever it is updated. The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Contractor acknowledges that Commonwealth requirements and policies will require certain identifying details of the Contract to be made available to the public via the internet.

Appears in 2 contracts

Samples: Medium Works Contract, Medium Works Contract

IT Equipment. Without limiting the Contractor's ’s obligations under the Contract, the Contractor warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Contract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth's systems as a result of the supply by the Contractor of any IT Equipment or as a result of any other act or omission of the Contractor in connection with carrying out the Contractor's Activities and the Works. Without limiting clause ~~8.6~~(d), the Contractor must assign to the ~~Commonwealth,~~ Commonwealth the benefits of warranties given by any supplier from whom the Contractor sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Contractor becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause ~~18.5~~ 17.5 does not in any way relieve the Contractor of the obligation to comply with warranties given by the Contractor under the Contract. The Contractor must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of, under, arising out of or in connection with the Contract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract only for the purposes of fulfilling its obligations under the Contract; not disclose Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract without the prior written approval of the Contract Administrator; not collect, transfer, store or otherwise use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the Contract Administrator; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the Contract Administrator in relation to the management of Personal Information in connection with the Contract; ensure that any person whom the Contractor allows to access Personal Information which is received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract are, at the expiration or earlier termination of the Contract, at the Contract Administrator's election, to be either returned to the Commonwealth or deleted or destroyed in the presence of a person duly authorised by the Contract Administrator to oversee such deletion or destruction; agree to the naming or other identification of the Contractor in reports by the Federal Privacy Commissioner; ensure that any subcontract made in connection with the Contract contains enforceable obligations requiring the subcontractor to comply with the Contractor's obligations arising out of clause ~~18.6,~~ 17.6 as if the subcontractor were the Contractor; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the Contract Administrator may give; not use Personal Information collected by the Contractor for the purposes of, under, arising out of or in connection with the Contract for, or in any way relating to, any direct marketing purpose; and indemnify the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a breach of the obligations of the Contractor under clause ~~18.6~~17.6; a breach of a subcontractor's obligations under a subcontract as contemplated by subparagraph (xi); the misuse of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor; or the disclosure of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor in breach of an obligation of confidence. For the purposes of paragraph (~~a)(xiv~~xiv), costs, expenses, losses, damages or liabilities ~~includes~~ include any compensation paid to a person by or on behalf of the Commonwealth to settle a complaint arising out of or in connection with a breach of clause ~~18.6~~17.6. The Contractor must immediately notify the Commonwealth in writing if the Contractor: becomes aware of a breach of the obligations under clause ~~18.6~~ 17.6 by itself or by a subcontractor; becomes aware of a breach of a subcontractor's obligations under a subcontract as contemplated by paragraph (~~a)(xi~~xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subcontractor has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Contractor acknowledges that, in addition to the requirements of clause ~~18.6~~17.6, the Contractor may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause ~~18.6~~ 17.6 limits any of the Contractor's obligations under the Contract or otherwise at law or in equity. In clause ~~18.6~~17.6, received includes collected. To the extent permitted by law, the Contractor: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and subcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person's Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Works by: the Commonwealth; any third party to whom the Commonwealth sub-licenses (whether that ~~sub‑licence~~ sub-licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Works (~~Sub-Licensee~~Sub‑Licensee); any third party to whom the Commonwealth assigns any Intellectual Property Rights in the Project Documents or the Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Contractor's or any other person's authorship of the Project Documents or the Works; falsely attributing authorship of the Project Documents or the Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Works; or it is prejudicial to the honour or reputation of the Contractor or any other author of the Project Documents or the Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Works other than for the purpose for which it was intended at the time the Project Document was or the Works were created; altering the Project Documents or the Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Works, including by combining elements of the Project Documents or the Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Works), whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Contractor must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause ~~18.7~~ 17.7 the sum of $1 on behalf of the Commonwealth; within 7 days of a Moral Rights Consent having been executed in accordance with clause ~~18.7~~17.7, provide the Moral Rights Consent to the Contract Administrator; and maintain an up-to-date record of the names and addresses of each person who is an author of the Project Documents or any part of the Works and the Project Documents or any part of the Works of which each such person is an author, and provide a copy of the record to the Contract Administrator whenever it is updated. The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Contractor acknowledges that Commonwealth requirements and policies will require certain identifying details of the Contract to be made available to the public via the internet.

Appears in 2 contracts

Samples: Medium Works Contract, Medium Works Contract

IT Equipment. Without limiting the ~~Contractor~~Consultant's obligations under the Contract, the ~~Contractor~~ Consultant warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Contract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth's systems as a result of the supply by the ~~Contractor~~ Consultant of any IT Equipment or as a result of any other act or omission of the ~~Contractor~~ Consultant in connection with carrying out the ~~Contractor's Activities and the Works~~Services. ~~Without limiting clause 8.6, the Contractor~~ The Consultant must assign to the ~~Commonwealth,~~ Commonwealth the benefits of warranties given by any supplier from whom the ~~Contractor~~ Consultant sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the ~~Contractor~~ Consultant becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause ~~18.5~~ 15.4 does not in any way relieve the ~~Contractor~~ Consultant of the obligation to comply with warranties given by the ~~Contractor~~ Consultant under the Contract. The ~~Contractor~~ Consultant must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of the Contract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract only for the purposes of fulfilling its obligations under the Contract; not disclose Personal Information received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract without the prior written approval of the Contract Administrator; not collect, transfer, store or otherwise use Personal Information received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the Contract Administrator; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the Contract Administrator in relation to the management of Personal Information in connection with the Contract; ensure that any person whom the ~~Contractor~~ Consultant allows to access Personal Information which is received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract are, at the expiration or earlier termination of the Contract, at the Contract Administrator's election, to be either returned to the Commonwealth or deleted or destroyed in the presence of a person duly authorised by the Contract Administrator to oversee such deletion or destruction; agree to the naming or other identification of the ~~Contractor~~ Consultant in reports by the Federal Privacy Commissioner; ensure that any subcontract made in connection with the Contract contains enforceable obligations requiring the ~~subcontractor~~ subconsultant to comply with the ~~Contractor~~Consultant's obligations arising out of clause ~~18.6,~~ 15.5 as if the ~~subcontractor~~ subconsultant were the ~~Contractor~~Consultant; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the Contract Administrator may give; not use Personal Information collected by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract for, or in any way relating to, any direct marketing purpose; and indemnify the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a breach of the obligations of the ~~Contractor~~ Consultant under clause ~~18.6~~15.5; a breach of a ~~subcontractor~~subconsultant's obligations under a subcontract as contemplated by subparagraph (xi); the misuse of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the ~~Contractor~~ Consultant or a ~~subcontractor~~subconsultant; or the disclosure of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the ~~Contractor~~ Consultant or a ~~subcontractor~~ subconsultant in breach of an obligation of confidence. For the purposes of paragraph (a)(xiv), costs, expenses, losses, damages or liabilities includes any compensation paid to a person by or on behalf of the Commonwealth to settle a complaint arising out of or in connection with a breach of clause ~~18.6~~15.5. The ~~Contractor~~ Consultant must immediately notify the Commonwealth in writing if the ~~Contractor~~Consultant: becomes aware of a breach of the obligations under clause ~~18.6~~ 15.5 by itself or by a ~~subcontractor~~subconsultant; becomes aware of a breach of a ~~subcontractor~~subconsultant's obligations under a subcontract as contemplated by paragraph (a)(xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a ~~subcontractor~~ subconsultant has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The ~~Contractor~~ Consultant acknowledges that, in addition to the requirements of clause ~~18.6~~15.5, the ~~Contractor~~ Consultant may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause ~~18.6~~ 15.5 limits any of the ~~Contractor~~Consultant's obligations under the Contract or otherwise at law or in equity. In clause ~~18.6,~~ 15.5 received includes collected. To the extent permitted by law, the ~~Contractor~~Consultant: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and ~~subcontractors~~ subconsultants do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person's Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Works by: the Commonwealth; any third party to whom the Commonwealth sub-licenses (whether that ~~sub‑licence~~ sub-licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Works (~~Sub-Licensee~~Sub‑Licensee); any third party to whom the Commonwealth assigns any Intellectual Property Rights in the Project Documents or the Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the ~~Contractor~~Consultant's or any other person's authorship of the Project Documents or the Works; falsely attributing authorship of the Project Documents or the Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Works; or it is prejudicial to the honour or reputation of the ~~Contractor~~ Consultant or any other author of the Project Documents or the Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Works other than for the purpose for which it was intended at the time the Project Document was or the Works were created; altering the Project Documents or the Works by adding to or removing elements from, or rearranging elements of, the Project Documents or ~~the~~ Works, including by combining elements of the Project Documents or the Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Works), ) whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The ~~Contractor~~ Consultant must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Works, obtain from that person, before he or she creates a Project ~~Document~~ Documents or ~~the relevant~~ part of the Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause ~~18.7~~ 15.6 the sum of $1 on behalf of the Commonwealth; within 7 days of a Moral Rights Consent having been executed in accordance with clause ~~18.7~~15.6, provide ~~the~~ that Moral Rights Consent to the Contract Administrator; and maintain an up-to-date record of the names and addresses of each person who is an author of Project Documents or any part of the Works and the Project Documents or any part of the Works of which each such person is an author, and provide a copy of the record to the Contract Administrator whenever it is updated. The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The ~~Contractor~~ Consultant acknowledges that Commonwealth requirements and policies will require certain identifying details of the Contract to be made available to the public via the internet.

Appears in 1 contract

Samples: Design Services Contract

IT Equipment. Without limiting the ~~Contractor~~Consultant's obligations under the Contract, the ~~Contractor~~ Consultant warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Contract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth's systems as a result of the supply by the ~~Contractor~~ Consultant of any IT Equipment or as a result of any other act or omission of the ~~Contractor~~ Consultant in connection with carrying out the ~~Contractor's Activities and the Works~~Services. ~~Without limiting clause 8.6, the Contractor~~ The Consultant must assign to the ~~Commonwealth,~~ Commonwealth the benefits of warranties given by any supplier from whom the ~~Contractor~~ Consultant sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the ~~Contractor~~ Consultant becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause ~~18.5~~ 16.5 does not in any way relieve the ~~Contractor~~ Consultant of the obligation to comply with warranties given by the ~~Contractor~~ Consultant under the Contract. The ~~Contractor~~ Consultant must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of the Contract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract only for the purposes of fulfilling its obligations under the Contract; not disclose Personal Information received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract without the prior written approval of the Contract Administrator; not collect, transfer, store or otherwise use Personal Information received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the Contract Administrator; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the Contract Administrator in relation to the management of Personal Information in connection with the Contract; ensure that any person whom the ~~Contractor~~ Consultant allows to access Personal Information which is received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract are, at the expiration or earlier termination of the Contract, at the Contract Administrator's election, to be either returned to the Commonwealth or deleted or destroyed in the presence of a person duly authorised by the Contract Administrator to oversee such deletion or destruction; agree to the naming or other identification of the ~~Contractor~~ Consultant in reports by the Federal Privacy Commissioner; ensure that any subcontract made in connection with the Contract contains enforceable obligations requiring the ~~subcontractor~~ subconsultant to comply with the ~~Contractor~~Consultant's obligations arising out of clause ~~18.6,~~ 16.6 as if the ~~subcontractor~~ subconsultant were the ~~Contractor~~Consultant; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the Contract Administrator may give; not use Personal Information collected by the ~~Contractor~~ Consultant for the purposes of, under, arising out of or in connection with the Contract for, or in any way relating to, any direct marketing purpose; and indemnify the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a breach of the obligations of the ~~Contractor~~ Consultant under clause ~~18.6~~16.6; a breach of a ~~subcontractor~~subconsultant's obligations under a subcontract as contemplated by subparagraph (xi); the misuse of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the ~~Contractor~~ Consultant or a ~~subcontractor~~subconsultant; or the disclosure of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the ~~Contractor~~ Consultant or a ~~subcontractor~~ subconsultant in breach of an obligation of confidence. For the purposes of paragraph (a)(xiv), costs, expenses, losses, damages or liabilities includes any compensation paid to a person by or on behalf of the Commonwealth to settle a complaint arising out of or in connection with a breach of clause 18.6. The Contractor must immediately notify the Commonwealth in writing if the Contractor: becomes aware of a breach of the obligations under clause 18.6 by itself or by a subcontractor; becomes aware of a breach of a subcontractor's obligations under a subcontract as contemplated by paragraph (a)(xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subcontractor has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Contractor acknowledges that, in addition to the requirements of clause 18.6, the Contractor may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause 18.6 limits any of the Contractor's obligations under the Contract or otherwise at law or in equity. In clause 18.6, received includes collected. To the extent permitted by law, the Contractor: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and subcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person's Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Works by: the Commonwealth; any third party to whom the Commonwealth sub-licenses (whether that sub‑licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Works (Sub-Licensee); any third party to whom the Commonwealth assigns any Intellectual Property Rights in the Project Documents or the Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Contractor's or any other person's authorship of the Project Documents or the Works; falsely attributing authorship of the Project Documents or the Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Works; or it is prejudicial to the honour or reputation of the Contractor or any other author of the Project Documents or the Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Works other than for the purpose for which it was intended at the time the Project Document was or the Works were created; altering the Project Documents or the Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Works, including by combining elements of the Project Documents or the Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Works), whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Contractor must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause 18.7 the sum of $1 on behalf of the Commonwealth; within 7 days of a Moral Rights Consent having been executed in accordance with clause 18.7, provide the Moral Rights Consent to the Contract Administrator; and maintain an up-to-date record of the names and addresses of each person who is an author of Project Documents or any part of the Works and the Project Documents or any part of the Works of which each such person is an author, and provide a copy of the record to the Contract Administrator whenever it is updated. The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Contractor acknowledges that Commonwealth requirements and policies will require certain identifying details of the Contract to be made available to the public via the internet.

Appears in 1 contract

Samples: Design Services Contract

IT Equipment. Without limiting the Contractor's obligations under the Contract, the Contractor warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Contract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth's systems as a result of the supply by the Contractor of any IT Equipment or as a result of any other act or omission of the Contractor in connection with carrying out the Contractor's Activities and the Works. Without limiting clause 8.6, the Contractor must assign to the Commonwealth, the benefits of warranties given by any supplier from whom the Contractor sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Contractor becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause 18.5 does not in any way relieve the Contractor of the obligation to comply with warranties given by the Contractor under the Contract. The Contractor must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of the Contract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract only for the purposes of fulfilling its obligations under the Contract; not disclose Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract without the prior written approval of the Contract Administrator; not collect, transfer, store or otherwise use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the Contract Administrator; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the Contract Administrator in relation to the management of Personal Information in connection with the Contract; ensure that any person whom the Contractor allows to access Personal Information which is received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract are, at the expiration or earlier termination of the Contract, at the Contract Administrator's election, to be either returned to the Commonwealth or deleted or destroyed in the presence of a person duly authorised by the Contract Administrator to oversee such deletion or destruction; agree to the naming or other identification of the Contractor in reports by the Federal Privacy Commissioner; ensure that any subcontract made in connection with the Contract contains enforceable obligations requiring the subcontractor to comply with the Contractor's obligations arising out of clause 18.6, as if the subcontractor were the Contractor; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the Contract Administrator may give; not use Personal Information collected by the Contractor for the purposes of, under, arising out of or in connection with the Contract for, or in any way relating to, any direct marketing purpose; and indemnify the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a breach of the obligations of the Contractor under clause 18.6; a breach of a subcontractor's obligations under a subcontract as contemplated by subparagraph (xi); the misuse of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor; or the disclosure of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor in breach of an obligation of confidence. For the purposes of paragraph (a)(xiv), costs, expenses, losses, damages or liabilities includes any compensation paid to a person by or on behalf of the Commonwealth to settle a complaint arising out of or in connection with a breach of clause 18.6. The Contractor must immediately notify the Commonwealth in writing if the Contractor: becomes aware of a breach of the obligations under clause 18.6 by itself or by a subcontractor; becomes aware of a breach of a subcontractor's obligations under a subcontract as contemplated by paragraph (a)(xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subcontractor has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Contractor acknowledges that, in addition to the requirements of clause 18.6, the Contractor may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause 18.6 limits any of the Contractor's obligations under the Contract or otherwise at law or in equity. In clause 18.6, received includes collected. To the extent permitted by law, the Contractor: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and subcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person's Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Works by: the Commonwealth; any third party to whom the Commonwealth sub-licenses (whether that sub‑licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Works (Sub-Licensee); any third party to whom the Commonwealth assigns any Intellectual Property Rights in the Project Documents or the Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Contractor's or any other person's authorship of the Project Documents or the Works; falsely attributing authorship of the Project Documents or the Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Works; or it is prejudicial to the honour or reputation of the Contractor or any other author of the Project Documents or the Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Works other than for the purpose for which it was intended at the time the Project Document was or the Works were created; altering the Project Documents or the Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Works, including by combining elements of the Project Documents or the Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Works), whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Contractor must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause 18.7 the sum of $1 on behalf of the Commonwealth; within 7 days of a Moral Rights Consent having been executed in accordance with clause 18.7, provide the Moral Rights Consent to the Contract Administrator; and maintain an up-to-date record of the names and addresses of each person who is an author of Project Documents or any part of the ~~Works~~ Works, and the Project Documents or any part of the Works of which each such person is an author, and provide a copy of the record to the Contract Administrator whenever it is updated. The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Contractor acknowledges that Commonwealth requirements and policies will require certain identifying details of the Contract to be made available to the public via the internet.

Appears in 1 contract

Samples: Head Contract

IT Equipment. Without limiting the Contractor's ’s obligations under the Contract, the Contractor warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Contract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth's systems as a result of the supply by the Contractor of any IT Equipment or as a result of any other act or omission of the Contractor in connection with carrying out the Contractor's Activities and the Works. Without limiting clause ~~8.6~~(d), the Contractor must assign to the ~~Commonwealth,~~ Commonwealth the benefits of warranties given by any supplier from whom the Contractor sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Contractor becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause ~~18.5~~ 17.5 does not in any way relieve the Contractor of the obligation to comply with warranties given by the Contractor under the Contract. The Contractor must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of, under, arising out of or in connection with the Contract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract only for the purposes of fulfilling its obligations under the Contract; not disclose Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract without the prior written approval of the ~~Contract Administrator~~PDS Contractor; not collect, transfer, store or otherwise use Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the ~~Contract Administrator~~PDS Contractor; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the ~~Contract Administrator~~ PDS Contractor in relation to the management of Personal Information in connection with the Contract; ensure that any person whom the Contractor allows to access Personal Information which is received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the Contractor for the purposes of, under, arising out of or in connection with the Contract are, at the expiration or earlier termination of the Contract, at the ~~Contract Administrator~~PDS Contractor's election, to be either returned to the Commonwealth or deleted or destroyed in the presence of a person duly authorised by the ~~Contract Administrator~~ PDS Contractor to oversee such deletion or destruction; agree to the naming or other identification of the Contractor in reports by the Federal Privacy Commissioner; ensure that any subcontract made in connection with the Contract contains enforceable obligations requiring the subcontractor to comply with the Contractor's obligations arising out of clause ~~18.6,~~ 17.6 as if the subcontractor were the Contractor; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the ~~Contract Administrator~~ PDS Contractor may give; not use Personal Information collected by the Contractor for the purposes of, under, arising out of or in connection with the Contract for, or in any way relating to, any direct marketing purpose; and indemnify the Commonwealth in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Commonwealth arising out of or in connection with: a breach of the obligations of the Contractor under clause ~~18.6~~17.6; a breach of a subcontractor's obligations under a subcontract as contemplated by subparagraph (xi); the misuse of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor; or the disclosure of Personal Information held for the purposes of, under, arising out of or in connection with the Contract by the Contractor or a subcontractor in breach of an obligation of confidence. For the purposes of paragraph (~~a)(xiv~~xiv), costs, expenses, losses, damages or liabilities ~~includes~~ include any compensation paid to a person by or on behalf of the Commonwealth to settle a complaint arising out of or in connection with a breach of clause ~~18.6~~17.6. The Contractor must immediately notify the Commonwealth in writing if the Contractor: becomes aware of a breach of the obligations under clause ~~18.6~~ 17.6 by itself or by a subcontractor; becomes aware of a breach of a subcontractor's obligations under a subcontract as contemplated by paragraph (~~a)(xi~~xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subcontractor has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Contractor acknowledges that, in addition to the requirements of clause ~~18.6~~17.6, the Contractor may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause ~~18.6~~ 17.6 limits any of the Contractor's obligations under the Contract or otherwise at law or in equity. In clause ~~18.6~~17.6, received includes collected. To the extent permitted by law, the Contractor: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and subcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person's Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Works by: the Commonwealth; any third party to whom the Commonwealth sub-licenses (whether that ~~sub‑licence~~ sub-licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Works (~~Sub-Licensee~~Sub‑Licensee); any third party to whom the Commonwealth assigns any Intellectual Property Rights in the Project Documents or the Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Contractor's or any other person's authorship of the Project Documents or the Works; falsely attributing authorship of the Project Documents or the Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Works; or it is prejudicial to the honour or reputation of the Contractor or any other author of the Project Documents or the Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Works other than for the purpose for which it was intended at the time the Project Document was or the Works were created; altering the Project Documents or the Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Works, including by combining elements of the Project Documents or the Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Works), whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Contractor must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause ~~18.7~~ 17.7 the sum of $1 on behalf of the Commonwealth; within 7 days of a Moral Rights Consent having been executed in accordance with clause ~~18.7~~17.7, provide the Moral Rights Consent to the ~~Contract Administrator~~PDS Contractor; and maintain an up-to-date record of the names and addresses of each person who is an author of the Project Documents or any part of the ~~Works~~ Works, and the Project Documents or any part of the Works of which each such person is an author, and provide a copy of the record to the ~~Contract Administrator~~ PDS Contractor whenever it is updated. The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Contractor acknowledges that Commonwealth requirements and policies will require certain identifying details of the Contract to be made available to the public via the internet.

Appears in 1 contract

Samples: Medium Works Contract

IT Equipment. Without limiting ~~the Contractor's obligations under the~~ any other clause of this Contract, the Contractor warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Contract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth's systems as a result of the supply by the Contractor of any IT Equipment or as a result of any other act or omission of the Contractor in connection with carrying out the Contractor's ~~Activities and the Works~~Activities. Without limiting clause ~~8.6~~8.9, the Contractor must assign to the Commonwealth, the benefits of warranties given by any supplier from whom the Contractor sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Contractor becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to this clause ~~18.5~~ does not in any way relieve the Contractor of the obligation to comply with warranties given by the Contractor under ~~the~~ this Contract. The Contractor must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of ~~the~~ this Contract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the Contractor for the purposes ~~of, under, arising out~~ of ~~or in connection with the~~ this Contract only for the purposes of fulfilling its obligations under ~~the~~ this Contract; not disclose Personal Information received, created or held by the Contractor for the purposes ~~of, under, arising out~~ of ~~or in connection with the~~ this Contract without the prior written approval of the Contract Administrator; not collect, transfer, store or otherwise use Personal Information received, created or held by the Contractor for the purposes ~~of, under, arising out~~ of ~~or in connection with the~~ this Contract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the Contract Administrator; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the Contract Administrator in relation to the management of Personal Information in connection with ~~the~~ this Contract; ensure that any person whom the Contractor allows to access Personal Information which is received, created or held by the Contractor for the purposes ~~of, under, arising out~~ of ~~or in connection with the~~ this Contract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the Contractor for the purposes ~~of, under, arising out~~ of ~~or in connection with the~~ this Contract are, at the expiration or earlier termination of ~~the~~ this Contract, at the Contract Administrator's election, to be either returned to the Commonwealth or deleted or destroyed in the presence of a person duly authorised by the Contract Administrator to oversee such deletion or destruction; agree to the naming or other identification of the Contractor in reports by the Federal Privacy Commissioner; ensure that any subcontract made in connection with ~~the~~ this Contract contains enforceable obligations requiring the subcontractor to comply with the Contractor's obligations arising out of this clause ~~18.6~~19.5, as if the subcontractor were the Contractor; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the Contract Administrator may give; not use Personal Information collected by the Contractor ~~for the purposes of, under, arising out of or~~ in connection with the Contract for, or in any way relating to, any direct marketing purpose; and indemnify the Commonwealth ~~in respect of all costs~~against any loss, ~~expenses, losses, damages~~ liability or ~~liabilities~~ expense suffered or incurred by the Commonwealth arising out of of, or in connection with: a breach of the obligations of the Contractor under this clause ~~18.6~~19.5; a breach of a subcontractor's obligations under a subcontract as contemplated by subparagraph (xi); the misuse of Personal Information held ~~for the purposes of, under, arising out of or~~ in connection with ~~the~~ this Contract by the Contractor or a ~~subcontractor~~subconsultant; or the disclosure of Personal Information held ~~for the purposes of, under, arising out of or~~ in connection with ~~the~~ this Contract by the Contractor or a subcontractor in breach of an obligation of confidence. For the purposes of paragraph (a)(xiv), ~~costs~~loss, ~~expenses, losses, damages~~ liability or ~~liabilities~~ expense includes any compensation paid to a person by or on behalf of the Commonwealth to settle a complaint arising out of of, or in any way in connection ~~with~~ with, a breach of this clause ~~18.6~~19.5 by the Contractor. The Contractor must immediately notify the Commonwealth in writing if the Contractor: becomes aware of a breach of the obligations under clause ~~18.6~~ 19.5 by itself or by a subcontractor; becomes aware of a breach of a subcontractor's obligations under a subcontract as contemplated by paragraph (a)(xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subcontractor has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Contractor acknowledges that, in addition to the requirements of this clause ~~18.6~~19.5, the Contractor may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in this clause ~~18.6~~ 19.5 limits any of the Contractor's other obligations or liabilities under the ~~Contract or otherwise at law or in equity~~Contract. In this clause 18.6, received includes collected. To the extent permitted by law, the Contractor: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and subcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person's Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Works by: the Commonwealth; any third party to whom the Commonwealth sub-licenses (whether that sub‑licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Works (Sub-Licensee); any third party to whom the Commonwealth assigns any Intellectual Property Rights in the Project Documents or the Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Contractor's or any other person's authorship of the Project Documents or the Works; falsely attributing authorship of the Project Documents or the Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Works; or it is prejudicial to the honour or reputation of the Contractor or any other author of the Project Documents or the Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Works other than for the purpose for which it was intended at the time the Project Document was or the Works were created; altering the Project Documents or the Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Works, including by combining elements of the Project Documents or the Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Works), whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Contractor must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause 18.7 the sum of $1 on behalf of the Commonwealth; within 7 days of a Moral Rights Consent having been executed in accordance with clause 18.7, provide the Moral Rights Consent to the Contract Administrator; and maintain an up-to-date record of the names and addresses of each person who is an author of Project Documents or any part of the Works and the Project Documents or any part of the Works of which each such person is an author, and provide a copy of the record to the Contract Administrator whenever it is updated. The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Contractor acknowledges that Commonwealth requirements and policies will require certain identifying details of the Contract to be made available to the public via the internet.19.5:

Appears in 1 contract

Samples: Managing Contractor Contract

Common use of IT Equipment Clause in Contracts