Note to Tenderers. Clause 56.1.2(g) to be amended as required, following consideration of any proposed Security Interests.
Note to Tenderers. If Health requests the Service Provider to exclude any suppliers from its solution, Health will endeavour to provide notice. The period of this notice will be determined by Health, at its discretion.
Note to Tenderers. Privacy legislation in each of the States and Territories may be applicable to the provision of the Services. PART 12 - INTELLECTUAL PROPERTY
Note to Tenderers. The need for an escrow agreement will be considered in any negotiations.
Note to Tenderers. The need for a performance guarantee will depend on Health's risk assessment. If the Guarantor is a foreign entity, a legal opinion will be required about the validity and enforceability of the guarantee.
Note to Tenderers. The need for a financial undertaking will depend on Health's risk assessment.
Note to Tenderers. Where the Guarantor is a foreign corporation a legal counsel opinion as to the validity and enforceability of the Guarantee will be required.
Note to Tenderers. The execution block below, for the Performance Guarantee assumes that the Guarantor will be a Company under the Corporations Xxx 0000 (Cth). The execution block will be amended if this is not the case. Signed sealed and delivered by [insert Guarantor name and ABN] in accordance with section 127 of the Corporations Xxx 0000 (Cth) by or in the presence of: Signature of Secretary/other Director Signature of Director or Sole Director and Secretary Name of Secretary/other Director in full Name of Director or Sole Director and Secretary in full Signed sealed and delivered for and on behalf of the Commonwealth of Australia as represented by the Department of Health ABN 83 605 426 759 in the presence of: Signature of witness Signature of authorised representative Name of witness in full Name of authorised representative in full Schedule 13: Financial Undertaking FINANCIAL UNDERTAKING By: [insert Banker's details] To: The Commonwealth of Australia, acting through and represented by the Department of Health ABN 83 605 426 759 At the request of [insert] (the Applicant) and in consideration of the Commonwealth of Australia acting through and represented by the Department of Health (the Favouree) accepting this undertaking in connection with the Services Agreement or agreement entered into between the Favouree and the Applicant in relation to [insert Services Agreement reference], [insert name of Bank] unconditionally undertakes to pay on demand any sum or sums which may from time to time be demanded by the Favouree up to a maximum aggregate sum of $[insert amount in figures] ([insert amount in words]) only Australian Currency (the Sum). [insert name of Bank] liability under this undertaking ceases on the first to occur of: [insert name of Bank] receipt of written notification from the Favouree that the Sum or this undertaking is no longer required by the Favouree; return of this undertaking to [insert name of Bank]; or payment to the Favouree by [insert name of Bank] of the whole of the Sum. Demands must be in writing; signed by or for and on behalf of the Favouree; and may be made for the whole or any part or parts of the Sum (and if only for a part, then further demands may be made for the balance). [insert name of Bank] agrees that payment or payments due to the Favouree will be made forthwith and notwithstanding any notice given by the Applicant to [insert name of Bank] not to pay. Payment will be made by cheque payable to the Favouree or to a bank account in the ...
Note to Tenderers. The need for a Key Contract Side Deed will be determined based on Health's risk assessment.
