Limit on compensation. The Department’s liability to pay any compensation under or in relation to this clause 309 is subject to the Provider’s: strict compliance with this clause 309; and substantiation of any amounts claimed under clause 312. The Department will not be liable: to pay compensation for loss of prospective profits attributable to a termination or reduction in scope under this clause 309; for loss of any benefits that would have been conferred on the Provider had a termination or a reduction in scope made under this clause 309 not occurred; or for any amounts that would, in aggregate, exceed the maximum Fees, Funds, Reimbursements, Wage Subsidies or Ancillary Payments that would have been payable by the Department under this Agreement in respect of the relevant Services, but for a termination or a reduction in scope made under this clause 309. In addition, in relation to a reduction in scope under this clause 309, the Department will not be liable to pay the Provider, and the Provider agrees that its reasonable costs do not include: any amounts owed by the Provider under any contract of employment or to any of its Subcontractors; and payment of any liabilities arising from commitments the Provider has made in relation to the conduct of the Services beyond the end of the Financial Year in which the reduction in scope takes place. If the Department terminates, or reduces the scope of, this Agreement under this clause 309: the Department’s actions will not constitute a breach of this Agreement; and the Parties agree that the amounts payable to the Provider under this clause 309 represent a reasonable pre-estimate of any loss that may be incurred by the Provider.
Appears in 4 contracts
Samples: Disability Employment Services Grant Agreement, Disability Employment Services Grant Agreement, Disability Employment Services Grant Agreement
