Common use of Notice of Potential Claim Clause in Contracts

Notice of Potential Claim. The Subcontractor must: as soon as possible inform the Contractor's Representative in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy or self-insurer’s authorisation or licence required under clause 5.5 or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy or self-insurer’s authorisation or licence required under clause 5.5; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subcontractors similarly inform the Subcontractor and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy or self-insurer’s authorisation or licence required by the Subcontract or any claim actually made against the Subcontractor, the subsubcontractor or the Contractor which may be covered by an insurance policy or self-insurer’s authorisation or licence required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by the Subcontractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the Subcontract. MAINTENANCE DURING DEFECTS LIABILITY PERIOD The Subcontractor must ensure that during the Defects Liability Period for the Subcontract Works or each Stage such planned and unplanned maintenance is carried out: as required by the Project Lifecycle and HOTO Plan; and as is otherwise necessary to ensure that the Subcontract Works are, or each Stage is, throughout and at the end of the Defects Liability Period in a condition fit for the purposes set out in, or reasonably to be inferred from, the Subcontract Works Description. CHILD SAFETY

Notice of Potential Claim. The Subcontractor must: as soon as possible inform the Contractor's Representative Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy or self-insurer’s authorisation or licence required under clause 5.5 by the Subcontract or any claim actually made against the Subcontractor or the Contractor which may be covered by an insurance policy or self-insurer’s authorisation or licence required under clause 5.5by the Subcontract; keep the Contractor informed of all significant developments concerning the claim, except in circumstances where the Contractor is making a claim against the Subcontractor; and ensure that its subcontractors similarly inform the Subcontractor and the Contractor in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy or self-insurer’s authorisation or licence required by the Subcontract or any claim actually made against the Subcontractor, the subsubcontractor or the Contractor which may be covered by an insurance policy or self-insurer’s authorisation or licence required by the Subcontract, provided that, in respect of Professional Indemnity Insurance, the Subcontractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor if the estimated total combined value of claims made against the Subcontractor and claims which may arise from circumstances reported by the Subcontractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the Subcontract. MAINTENANCE DURING DEFECTS LIABILITY PERIOD The To the extent specified in the table below, the Subcontractor must ensure that during the Defects Liability Period for the Subcontract Works or each Stage such planned and unplanned maintenance is carried out: as required by the Project Lifecycle Commissioning and HOTO Handover Plan; and as is otherwise necessary to ensure that the Subcontract Works are, or each Stage is, throughout and at the end of the Defects Liability Period in a condition fit for the purposes set out in, or reasonably to be inferred from, the their intended purpose. Maintenance during Defects Liability Period Description Planned: Unplanned: - Subcontract Works Description. CHILD SAFETYDescription - Indigenous PARTICIPATION Plan

Notice of Potential Claim. The Subcontractor Contractor must: as soon as possible inform the Contractor's Representative Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy or self-insurer’s 's authorisation or licence required under clause 5.5 by the Contract or any claim actually made against the Subcontractor Contractor or the Contractor Commonwealth which may be covered by an insurance policy or self-insurer’s 's authorisation or licence required under clause 5.5by the Contract; keep the Contractor Commonwealth informed of all significant developments concerning the claim, except in circumstances where the Contractor Commonwealth is making a claim against the SubcontractorContractor; and ensure that its subcontractors similarly inform the Subcontractor Contractor and the Contractor Commonwealth in writing of any fact, matter or occurrence that may give rise to a claim under an insurance policy or self-insurer’s 's authorisation or licence required by the Subcontract Contract or any claim actually made against the SubcontractorContractor, the subsubcontractor subcontractor or the Contractor Commonwealth which may be covered by an insurance policy or self-insurer’s 's authorisation or licence required by the SubcontractContract, provided that, in respect of Professional Indemnity Insurance, the SubcontractorContractor: subject to paragraph (e), is not required to provide details of individual claims; and must notify the Contractor Commonwealth if the estimated total combined value of claims made against the Subcontractor Contractor and claims which may arise from circumstances reported by the Subcontractor Contractor to its insurer in a policy year would potentially reduce the available limit of policy indemnity for that year below the amount required by the SubcontractContract. MAINTENANCE CHILD SAFETY [THIS CLAUSE IS TO BE USED IN CIRCUMSTANCES WHERE THE CONTRACTOR AND ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR VOLUNTEERS WILL OR MAY INTERACT WITH CHILDREN DURING DEFECTS LIABILITY PERIOD The Subcontractor THE TERM OF THE CONTRACT IN AN INCIDENTAL WAY. FOR EXAMPLE, IF THE CONTRACTOR IS CARRYING OUT ACTIVITIES THAT MAY BE PROVIDED ON A SCHOOL'S PREMISES EVEN WHERE INTERACTING WITH CHILDREN IS NOT A PART OF THE CONTRACTED ACTIVITIES] If any part of the Contractor's Activities involves the Contractor employing or engaging a person (whether as an officer, employee, agent, subcontractor, or volunteer) that is required by State or Territory law to have a working with children check to undertake the Contractor's Activities or any part of the Contractor's Activities, the Contractor agrees: without limiting its other obligations under the Contract, to comply with all State, Territory or Commonwealth law relating to the employment or engagement of people who work or volunteer with children in relation to the Contractor's Activities, including mandatory reporting and working with children checks however described; and if requested, provide the Commonwealth at the Contractor's cost, a statement of compliance with this clause, in such form as may be specified by the Commonwealth. When child safety obligations may be relevant to a subcontract made in connection with the Contract, the Contractor must ensure that during the Defects Liability Period for the Subcontract Works or each Stage any such planned and unplanned maintenance is carried out: as required subcontract entered into by the Project Lifecycle and HOTO Plan; and as is otherwise necessary to ensure that the Subcontract Works are, or each Stage is, throughout and at the end of the Defects Liability Period in a condition fit Contractor for the purposes set out in, or reasonably of fulfilling the Contractor's obligations under the Contract imposes on the subcontractor the same obligations regarding child safety that the Contractor has under the Contract. Each subcontract must also require the same obligations (where relevant) to be inferred from, included by the Subcontract Works Descriptionsubcontractor in any secondary subcontracts. CHILD SAFETYSECTION 5 SCOPE OF SERVICES 0 MELWORKDOCS\203\623.2