Common use of No In-Kind Clause in Contracts

No In-Kind. Support <<Not applicable (Sponsorship Fee only).>> OR Option 2: In-Kind Support <<Insert>> In-Kind Support will be provided where the Organisation provides goods or services in return for the Sponsorship Entitlements. You should consider whether the relevant obligation constitutes In-Kind support or is a condition on the supply of the Sponsorship Entitlements. You should consider whether the support will offer value to the State. For example an obligation on the Organisation to facilitate a meeting with the State and Stakeholders regarding the delivery of the Sponsorship Entitlements is unlikely to constitute a supply of In-Kind Support. Rather, the obligation should be noted in the Sponsorship Entitlements. It is in the State’s interest to ensure the In-Kind Support is specified as clearly as possible so there is no argument about what the Organisation should be providing. When drafting the In-Kind Support, you should consider the following (as a minimum): What exactly is to be delivered by the Organisation? When will the Organisation deliver the support to the State? Does the State need the support delivered by a certain date? How will the Organisation deliver the support to the State? If applicable, where will the support be delivered by the Organisation? Will there be any costs associated with the delivery of the support? If so, who will bear these costs? For example: Product The Organisation will provide twenty (20) cartons, each containing twenty-four (24) cans of soft drink from its Sunny Delicious range of beverages (ten (10) cartons of lemonade, ten (10) cartons of orange drink and ten (10) cartons of ginger ale) (Product), for use by the State at the conference to be held as part of the Initiative at Parliament House at 10 am on 5

No In-Kind. Support <<Not applicable (Sponsorship Fee only).>> OR Option 2: In-Kind Support <<Insert>> In-Kind Support will be provided where the Organisation State provides goods or services in return for the Sponsorship Entitlements or a portion of the Sponsorship Entitlements, such as advertising space in a Government publication or free bus travel for Initiative attendees. You should consider whether the relevant obligation constitutes In-Kind support or whether the obligation is a condition on of the contract and not a separate consideration for the supply of the Sponsorship Entitlements. You should consider whether the support will offer value to the State. For example example, an obligation on the Organisation State to facilitate a meeting with the State Organisation and Stakeholders regarding to facilitate the delivery of the Sponsorship Entitlements is unlikely to constitute a supply of In-Kind Support. Rather, the obligation should be noted in the Sponsorship Entitlements. It is in the State’s interest to ensure the In-Kind Support is specified as clearly as possible so there is no argument dispute about what the Organisation State should be providing. When drafting the In-Kind Support, you should consider the following (as a minimum): What exactly is to be delivered by the OrganisationState? When will the Organisation State deliver the support to the StateOrganisation? Does the State Organisation need the support delivered by a certain date? How will the Organisation State deliver the support to the StateOrganisation? If applicable, where will the support be delivered by the OrganisationState? Will there be any costs associated with the delivery of the support? If so, who will bear these costs? For example: Product The Organisation State will provide twenty (20) cartons, each containing twenty-four (24) cans of soft drink from its Sunny Delicious range of beverages (ten (10) cartons of lemonade, ten (10) cartons of orange drink the Organisation with 20,000 free day passes for travel on public transport to facilitate attendance at the Initiative to be held at the Brisbane Convention and ten (10) cartons of ginger ale) (Product), for use Exhibition Centre on 1 June 2018. The day passes will be delivered by the State at to the conference Organisation by 15 May 2018. Venue The State will provide the Organisation with reduced venue hire for the Initiative to be held at [venue] between 9 am and 12 noon on 1 April 2018. [Details of the reduction in venue hire price]. Staff The State will provide the Organisation, at no charge to the Organisation, additional Queensland Police Service rostered officers to control the CBD street procession as part of the Initiative to be held at Parliament House at 10 am South Bank Parklands, Brisbane between 12 noon and 2 pm on 51 September 2018. Clause 1.1, 8.4 and 8.5 Reasonable market value of In-Kind Support Please choose one option from below and delete the other, depending on whether the State is providing In-Kind Support. Option 1: No In-Kind Support <<Not applicable.>> OR Option 2: In-Kind Support <<$[reasonable market value] plus GST>> Tax invoices will be exchanged by the Organisation and the State no later than fourteen (14) days after the Completion Date, for the agreed reasonable market value of In-Kind Support and the reasonable market value of the Sponsorship Entitlements (or where both a Sponsorship Fee and In-Kind Support are being provided, the reasonable market value of the Sponsorship Entitlements relevant to the In-Kind Support).>> The State and the Organisation must exchange tax invoices for the reasonable market value of the In-Kind Support being provided by the State and the Sponsorship Entitlements being provided by the Organisation. Where both a Sponsorship Fee and In-Kind Support are being provided, the tax invoice for the Sponsorship Entitlement will be for the reasonable market value of the entitlements associated with the In-Kind Support. The balance of the reasonable market value of the Sponsorship Entitlements will equal the Sponsorship Fee. That is,Reasonable Market Value of the Sponsorship Entitlements = Sponsorship Fee + Reasonable Market Value of the In-Kind Support

No In-Kind. Support <<Not applicable (Sponsorship Fee only).>> OR Option 2: In-Kind Support <<Insert>> In-Kind Support will be provided where the Organisation State provides goods or services in return for the Sponsorship Entitlements or a portion of the Sponsorship Entitlements, such as advertising space in a Government publication or free bus travel for Initiative attendees. You should consider whether the relevant obligation constitutes In-Kind support or whether the obligation is a condition on of the contract and not a separate consideration for the supply of the Sponsorship Entitlements. You should consider whether the support will offer value to the State. For example example, an obligation on the Organisation State to facilitate a meeting with the State Organisation and Stakeholders regarding to facilitate the delivery of the Sponsorship Entitlements is unlikely to constitute a supply of In-Kind Support. Rather, the obligation should be noted in the Sponsorship Entitlements. It is in the State’s interest to ensure the In-Kind Support is specified as clearly as possible so there is no argument dispute about what the Organisation State should be providing. When drafting the In-Kind Support, you should consider the following (as a minimum): What exactly is to be delivered by the OrganisationState? When will the Organisation State deliver the support to the StateOrganisation? Does the State Organisation need the support delivered by a certain date? How will the Organisation State deliver the support to the StateOrganisation? If applicable, where will the support be delivered by the OrganisationState? Will there be any costs associated with the delivery of the support? If so, who will bear these costs? For example: Product The Organisation State will provide twenty (20) cartons, each containing twenty-four (24) cans of soft drink from its Sunny Delicious range of beverages (ten (10) cartons of lemonade, ten (10) cartons of orange drink the Organisation with 20,000 free day passes for travel on public transport to facilitate attendance at the Initiative to be held at the Brisbane Convention and ten (10) cartons of ginger ale) (Product), for use Exhibition Centre on 1 June 2018. The day passes will be delivered by the State at to the conference Organisation by 15 May 2018. Venue The State will provide the Organisation with reduced venue hire for the Initiative to be held at [venue] between 9 am and 12 noon on 1 April 2018. [Details of the reduction in venue hire price]. Staff The State will provide the Organisation, at no charge to the Organisation, additional Queensland Police Service rostered officers to control the CBD street procession as part of the Initiative to be held at Parliament House at 10 am South Bank Parklands, Brisbane between 12 noon and 2 pm on 51 September 2018. Clause 1.1, 8.3 and 8.4 Reasonable market value of In-Kind Support Please choose one option from below and delete the other, depending on whether the State is providing In-Kind Support. Option 1: No In-Kind Support <<Not applicable.>> OR Option 2: In-Kind Support <<$[reasonable market value] plus GST>> Tax invoices will be exchanged by the Organisation and the State no later than fourteen (14) days after the Completion Date, for the agreed reasonable market value of In-Kind Support and the reasonable market value of the Sponsorship Entitlements (or where both a Sponsorship Fee and In-Kind Support are being provided, the reasonable market value of the Sponsorship Entitlements relevant to the In-Kind Support).>> The State and the Organisation must exchange tax invoices for the reasonable market value of the In-Kind Support being provided by the State and the Sponsorship Entitlements being provided by the Organisation. Where both a Sponsorship Fee and In-Kind Support are being provided, the tax invoice for the Sponsorship Entitlement will be for the reasonable market value of the entitlements associated with the In-Kind Support. The balance of the reasonable market value of the Sponsorship Entitlements will equal the Sponsorship Fee. That is,Reasonable Market Value of the Sponsorship Entitlements = Sponsorship Fee + Reasonable Market Value of the In-Kind Support