Common use of Knowledge Sharing Clause in Contracts

Knowledge Sharing. (a) Project Operator must provide the Knowledge Sharing Deliverables to the Commonwealth in accordance with Schedule 4 (“Knowledge sharing plan”). (b) If Project Operator receives funding for the Project from the Australian Renewable Energy Agency or another Commonwealth Entity, then the Commonwealth will act reasonably in agreeing any amendments to the Knowledge Sharing Deliverables to align with any equivalent obligation on Project Operator to provide knowledge sharing deliverables to those Government Authorities. (c) Project Operator must, acting reasonably and in good faith, categorise the Knowledge Sharing Deliverables it provides to the Commonwealth pursuant to this clause 13 as follows: (i) public information: information that may be shared freely within the Commonwealth, with industry participants and with the public in general; or (ii) confidential information: information that may only be shared in accordance with paragraph (d) or clause 31 (“Confidentiality”). (d) The Commonwealth may disclose information received pursuant to this clause 13 that is marked by Project Operator as ‘confidential information’ to the public on an aggregated and anonymised basis. (e) Where Project Operator submits a Knowledge Sharing Deliverable to the Commonwealth, the Commonwealth (acting reasonably) will notify Project Operator within a reasonable period of receipt of the Knowledge Sharing Deliverable as to whether or not it approves the Knowledge Sharing Deliverable for the purposes of this agreement. Without limitation, it will be unreasonable for the Commonwealth to reject that Knowledge Sharing Deliverable where it complies with the Knowledge Sharing Plan and this agreement. (f) Where the Commonwealth notifies Project Operator under paragraph (e) that it does not approve the Knowledge Sharing Deliverable, the Commonwealth must, at the same time, notify Project Operator of such further information or updates to the deliverable that the Commonwealth reasonably considers are required in order for the deliverable to meet the requirements of this agreement and/or the Knowledge Sharing Plan and a reasonable timeframe within which Project Operator must resubmit that Knowledge Sharing Deliverable. Where Project Operator fails to resubmit that further information or updated Knowledge Sharing Deliverable within that timeframe or the updated Knowledge Sharing Deliverable is not approved for the purposes of this agreement, that failure will be deemed to be a failure to comply with clause 13 in a material respect and clause 22.3(b) (“Termination by the Commonwealth for default”) will apply to that failure. (g) Without limitation, it will be unreasonable for the Commonwealth to reject a Knowledge Sharing Deliverable, further information provided by Project Operator to the Commonwealth pursuant to this clause 13 and/or any updated Knowledge Sharing Deliverable where it complies with the Knowledge Sharing Plan and this agreement. 1. The Support Period will automatically commence on the earlier of the Commercial Operations Date and the Final Support Commencement Date, and will end on the Final Support End Date, unless Project Operator exercises, or is deemed to exercise, an Option to opt-out of receiving Support for a predefined period in accordance with this clause 14. 2. To the extent the Final Support End Date is not 15 years after the Support Start Date, the reference to the number of Options, “Financial Years” and “Opt-Out Periods” in this clause 14.2 will be amended accordingly. However, if the last “Opt-Out Period” before the Final Support End Date would be less than 4 full financial years, then that “Opt-Out Period” and associated Option will be omitted entirely.]

Knowledge Sharing. (a) Project Operator must provide the Knowledge Sharing Deliverables to the Commonwealth in accordance with Schedule 4 (“Knowledge sharing plan”). (b) If Project Operator receives funding for the Project from the Australian Renewable Energy Agency or another Commonwealth Entity, then the Commonwealth will act reasonably in agreeing any amendments to the Knowledge Sharing Deliverables to align with any equivalent obligation on Project Operator to provide knowledge sharing deliverables to those Government Authorities. (c) Project Operator must, acting reasonably and in good faith, categorise the Knowledge Sharing Deliverables that it provides to the Commonwealth pursuant to this clause 13 as follows: (i) public information: being information that may be shared freely within the Commonwealth, with industry participants and with the public in general; or (ii) confidential information: being information that may only be shared in accordance with paragraph (d) or clause 31 (“Confidentiality”). (d) The Commonwealth may disclose information received pursuant to this clause 13 that is marked by Project Operator as ‘confidential information’ to the public on an aggregated and anonymised basis. (e) Where WhereWhen Project Operator submits a Knowledge Sharing Deliverable to the Commonwealth, the Commonwealth (acting reasonably) will notify Project Operator within a reasonable period of receipt of the Knowledge Sharing Deliverable as to whether or not it approves the Knowledge Sharing Deliverable for the purposes of this agreement. Without limitation, it will be unreasonable for the Commonwealth to reject that Knowledge Sharing Deliverable where whereif it complies with the Knowledge Sharing Plan and this agreement. (f) Where WhereIf the Commonwealth notifies Project Operator under paragraph (e) that it does not approve the Knowledge Sharing Deliverable, the Commonwealth must, at the same time, notify Project Operator of : (i) such further information or updates to the deliverable that thatas the Commonwealth reasonably considers are required in order for the deliverable to meet the requirements of this agreement and/or the Knowledge Sharing Plan and Plan; and (ii) a reasonable timeframe within which Project Operator must resubmit that Knowledge Sharing Deliverable. Where Where, and, if Project Operator fails to resubmit that further information or updated Knowledge Sharing Deliverable within that timeframe or the updated Knowledge Sharing Deliverable is not approved for the purposes of this agreement, that failure will be deemed to be a failure to comply with this clause 13 in a material respect and clause 22.3(b) (“Termination by the Commonwealth for default”) will apply to that failure. (g) Without limitation, it will be unreasonable for the Commonwealth to reject a Knowledge Sharing Deliverable, further information provided by Project Operator to the Commonwealth pursuant to this clause 13 and/or any updated Knowledge Sharing Deliverable where it complies with the Knowledge Sharing Plan and this agreement. 1. The Support Period will automatically commence on the earlier of the Commercial Operations Date and the Final Support Commencement Date, and will end on the Final Support End Date, unless Project Operator exercises, or is deemed to exercise, an Option to opt-out of receiving Support for a predefined period in accordance with this clause 14. 2. To the extent the Final Support End Date is not 15 years after the Support Start Date, the reference to the number of Options, “Financial Years” and “Opt-Out Periods” in this clause 14.2 will be amended accordingly. However, if the last “Opt-Out Period” before the Final Support End Date would be less than 4 full financial years, then that “Opt-Out Period” and associated Option will be omitted entirely.]

Knowledge Sharing. (a) Project Operator must The Recipient must: in consultation with ARENA, implement and comply with the Knowledge Sharing Plan; use its best endeavours to achieve the Knowledge Sharing Objectives; in consultation with ARENA, undertake the Knowledge Sharing Activities; ensure that the Knowledge Sharing Activities are suitably resourced and coordinated and that they are implemented to the standard required by the Knowledge Sharing Plan; provide the Knowledge Sharing Deliverables to the Commonwealth ARENA in accordance with Schedule 4 (“Knowledge sharing plan”). (b) If Project Operator receives funding for the Project from the Australian Renewable Energy Agency or another Commonwealth Entity, then the Commonwealth will act reasonably in agreeing any amendments to the Knowledge Sharing Deliverables to align with any equivalent obligation on Project Operator to provide knowledge sharing deliverables to those Government Authorities. (c) Project Operator must, acting reasonably and in good faith, categorise the Knowledge Sharing Deliverables it provides to the Commonwealth pursuant to this clause 13 as follows: (i) public information: information that may be shared freely within the Commonwealth, with industry participants and with the public in general; or (ii) confidential information: information that may only be shared in accordance with paragraph (d) or clause 31 (“Confidentiality”). (d) The Commonwealth may disclose information received pursuant to this clause 13 that is marked by Project Operator as ‘confidential information’ to the public on an aggregated and anonymised basis. (e) Where Project Operator submits a Knowledge Sharing Deliverable to the Commonwealth, the Commonwealth (acting reasonably) will notify Project Operator within a reasonable period of receipt of the Knowledge Sharing Deliverable as to whether or not it approves the Knowledge Sharing Deliverable for the purposes of this agreement. Without limitation, it will be unreasonable for the Commonwealth to reject that Knowledge Sharing Deliverable where it complies with the Knowledge Sharing Plan and this agreement. (f) Where the Commonwealth notifies Project Operator under paragraph (e) that it does not approve the Knowledge Sharing Deliverable, the Commonwealth must, at the same time, notify Project Operator of such further information or updates to the deliverable that the Commonwealth reasonably considers are required in order for the deliverable to meet the requirements of this agreement and/or the Knowledge Sharing Plan and a reasonable timeframe within which Project Operator must resubmit Plan; ensure that Knowledge Sharing Deliverable. Where Deliverables and Project Operator fails Lessons Learnt are properly captured, securely stored, and reported to resubmit that further information or updated Knowledge Sharing Deliverable within that timeframe or the updated Knowledge Sharing Deliverable is not approved for the purposes of this agreement, that failure will be deemed to be a failure to comply with clause 13 ARENA in a material respect and clause 22.3(b) (“Termination by the Commonwealth for default”) will apply to that failure. (g) Without limitation, it will be unreasonable for the Commonwealth to reject a Knowledge Sharing Deliverable, further information provided by Project Operator to the Commonwealth pursuant to this clause 13 and/or any updated Knowledge Sharing Deliverable where it complies accordance with the Knowledge Sharing Plan Plan; be reasonably available to answer any queries relating to the Project raised by ARENA; and this agreement. 1. The Support Period will automatically commence at the reasonable request of ARENA, participate in relevant meetings, conferences, seminars, workshops, surveys and interviews, deliver presentations and provide briefings to the ARENA Board and ARENA staff and other relevant industry forums on the earlier progress of the Commercial Operations Date Project. Subject to safety and operational requirements and limitations, during the Final Support Commencement Date, term of this Agreement and will end on the Final Support End Date, unless Project Operator exercises, or is deemed to exercise, an Option to opt-out of receiving Support for a predefined period in accordance with this clause 14. 2. To the extent the Final Support End Date is not 15 of two years after the Support Start Dateexpiry or termination of this Agreement, the reference Recipient must: allow escorted visits by interested persons approved by ARENA or the Recipient (Visitors) to sites under the Recipient's control at which activities in relation to the number Project or the Program are conducted; use its best endeavours to obtain permission for escorted visits by Visitors to sites not under the Recipient's control at which activities in relation to the Project or the Program are conducted; and demonstrate to Visitors the Project outcomes and relevant technology and provide a detailed explanation of Optionsthe Project, “Financial Years” its performance and “Opt-Out Periods” in the technology and how it was developed including answering Visitors' questions. The Recipient must notify the ARENA Representative of any proposed escorted visits by Visitors. ARENA may have a representative accompany Visitors during an escorted visit under this clause 14.2 will be amended accordingly20.6. However, if the last “Opt-Out Period” before the Final Support End Date would be less than 4 full financial years, then that “Opt-Out Period” and associated Option will be omitted entirely.]Confidentiality

Knowledge Sharing. (a) Project Operator must The Recipient must: in consultation with ARENA, implement and comply with the Knowledge Sharing Plan; use its best endeavours to achieve the Knowledge Sharing Objectives; in consultation with ARENA, undertake the Knowledge Sharing Activities; ensure that the Knowledge Sharing Activities are suitably resourced and coordinated and that they are implemented to the standard required by the Knowledge Sharing Plan; provide the Knowledge Sharing Deliverables to the Commonwealth ARENA in accordance with Schedule 4 (“Knowledge sharing plan”). (b) If Project Operator receives funding for the Project from the Australian Renewable Energy Agency or another Commonwealth Entity, then the Commonwealth will act reasonably in agreeing any amendments to the Knowledge Sharing Deliverables to align with any equivalent obligation on Project Operator to provide knowledge sharing deliverables to those Government Authorities. (c) Project Operator must, acting reasonably and in good faith, categorise the Knowledge Sharing Deliverables it provides to the Commonwealth pursuant to this clause 13 as follows: (i) public information: information that may be shared freely within the Commonwealth, with industry participants and with the public in general; or (ii) confidential information: information that may only be shared in accordance with paragraph (d) or clause 31 (“Confidentiality”). (d) The Commonwealth may disclose information received pursuant to this clause 13 that is marked by Project Operator as ‘confidential information’ to the public on an aggregated and anonymised basis. (e) Where Project Operator submits a Knowledge Sharing Deliverable to the Commonwealth, the Commonwealth (acting reasonably) will notify Project Operator within a reasonable period of receipt of the Knowledge Sharing Deliverable as to whether or not it approves the Knowledge Sharing Deliverable for the purposes of this agreement. Without limitation, it will be unreasonable for the Commonwealth to reject that Knowledge Sharing Deliverable where it complies with the Knowledge Sharing Plan and this agreement. (f) Where the Commonwealth notifies Project Operator under paragraph (e) that it does not approve the Knowledge Sharing Deliverable, the Commonwealth must, at the same time, notify Project Operator of such further information or updates to the deliverable that the Commonwealth reasonably considers are required in order for the deliverable to meet the requirements of this agreement and/or the Knowledge Sharing Plan and a reasonable timeframe within which Project Operator must resubmit Plan; ensure that Knowledge Sharing Deliverable. Where Project Operator fails Deliverables and Measure Lessons Learnt are properly captured, securely stored, and reported to resubmit that further information or updated Knowledge Sharing Deliverable within that timeframe or the updated Knowledge Sharing Deliverable is not approved for the purposes of this agreement, that failure will be deemed to be a failure to comply with clause 13 ARENA in a material respect and clause 22.3(b) (“Termination by the Commonwealth for default”) will apply to that failure. (g) Without limitation, it will be unreasonable for the Commonwealth to reject a Knowledge Sharing Deliverable, further information provided by Project Operator to the Commonwealth pursuant to this clause 13 and/or any updated Knowledge Sharing Deliverable where it complies accordance with the Knowledge Sharing Plan Plan; be reasonably available to answer any queries relating to the Measure raised by ARENA; and this agreement. 1. The Support Period will automatically commence at the reasonable request of ARENA, participate in relevant meetings, conferences, seminars, workshops, surveys and interviews, deliver presentations and provide briefings to the ARENA Board and ARENA staff and other relevant industry forums on the earlier progress of the Commercial Operations Date Measure. Subject to safety and operational requirements and limitations, during the Final Support Commencement Date, term of this Agreement and will end on the Final Support End Date, unless Project Operator exercises, or is deemed to exercise, an Option to opt-out of receiving Support for a predefined period in accordance with this clause 14. 2. To the extent the Final Support End Date is not 15 of two years after the Support Start Dateexpiry or termination of this Agreement, the reference Recipient must: allow escorted visits by interested persons approved by ARENA or the Recipient (Visitors) to sites under the Recipient's control at which activities in relation to the number Measure or the Program are conducted; use its best endeavours to obtain permission for escorted visits by Visitors to sites not under the Recipient's control at which activities in relation to the Measure or the Program are conducted; and demonstrate to Visitors the Measure outcomes and relevant technology and provide a detailed explanation of Optionsthe Measure, “Financial Years” its performance and “Opt-Out Periods” in the technology and how it was developed including answering Visitors' questions. The Recipient must notify ARENA of any proposed escorted visits by Visitors. ARENA may have a representative accompany Visitors during an escorted visit under this clause 14.2 will be amended accordingly16.5. However, if the last “Opt-Out Period” before the Final Support End Date would be less than 4 full financial years, then that “Opt-Out Period” and associated Option will be omitted entirely.]Confidentiality