Common use of NOTICES AND REPRESENTATIVES Clause in Contracts

NOTICES AND REPRESENTATIVES. A Notice issued under this Contract by a Party must be: in writing; signed by or on behalf of the Party giving it; and either: hand delivered or sent by prepaid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices as follows: for Notices to the Department, addressed to the Executive Director, Training Market Services, 0 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxx, 0000, or as varied by any Notice given by the Department; for Notices to the Training Provider, the Head Office address listed in xxxxxxxx.xxx.xx; or in the case of any Notice issued by the Department under Clause 16, sent by email (with a read receipt requested) to the email address of the Training Provider's CEO listed in xxxxxxxx.xxx.xx. A Notice takes effect from the time it is received, unless a later time is specified in it. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; in the case of prepaid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting; or in the case of email, on the first to occur of: receipt by the sender of an email acknowledgement from the recipient’s information system showing that the Notice has been delivered to the applicable email address; the time that the Notice enters an information system which is under the control of the Training Provider; and the time that the Notice is first opened or read by the intended addressee, but if the event that would otherwise give rise to deemed receipt occurs on a day that is not a Business Day or after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this Contract is as follows: the Department’s representative is the Executive Director or the Deputy Secretary; and the Training Provider’s representative is its CEO. DISPUTE RESOLUTION A Party claiming that a Dispute has arisen must promptly give the other Party a Dispute Notice. A Party must not commence any court proceedings in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute. Despite the existence of a Dispute, the Parties must continue to perform their obligations under this Contract. This Clause 15 does not limit or otherwise affect the rights of the Department, which includes all of its rights under, this Contract, including its right to terminate it. If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to why the new issues that it wishes to raise cannot be managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that was commenced by the initial Dispute Notice. If a Party gives a Dispute Notice, the Parties must seek to resolve that Dispute through good faith negotiations. If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within 14 days after their meeting to: in the case of the Department – its Executive Director or the Deputy Secretary of, or their delegate; and in the case of the Training Provider – its CEO. The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days after the end of the referral period under Clause 15.9. If the Dispute is not resolved within seven days of the first meeting of the Department’s representative and the Training Provider's CEO, the Department may refer the Dispute to mediation administered by the ADC according to its mediation guidelines. If a Dispute is referred to mediation by the Department: the mediation will be conducted in accordance with the ADC's Guidelines for Commercial Mediation operating at the time the Dispute is referred to ADC; the Parties must (unless they agree otherwise) conduct the mediation within 14 days of the mediator being appointed; each Party will pay its own costs of attending and participating in the mediation; and the cost of the ADC and the appointed mediator will be shared equally between the Parties. The Department may notify the Minister of any Dispute. In the event that the Department refers the Dispute to mediation and the Parties are unable to resolve the Dispute in accordance with Clause 15.12, or the Dispute is not referred to mediation, then the Department may refer the Dispute to the Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14, will be final and binding on both Parties. This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of Schedule 1.

NOTICES AND REPRESENTATIVES. A Notice issued under this Contract by a Party must be: in writing; signed by or on behalf of the authorised representative of the Party giving it; and . A Notice must be issued by being either: hand delivered or sent by prepaid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices as follows: for Notices to the Department, addressed to the Executive Director, Training Market Services, 0 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxx, 0000, or as varied by any Notice given by the Department; for Notices to the Training Provider, the Head Office address listed in xxxxxxxx.xxx.xx; or in the case of any Notice issued by the Department under Clause 16, sent by email (with a read receipt requested) to: for Notices to the Training Provider, the email address of the Training Provider's CEO listed in xxxxxxxx.xxx.xx; or for Notices to the Department, xxxxxxxx.xxxxxx.xxxxxxxx@xxxxxxxxx.xxx.xxx.xx. A Notice takes effect from the time it is received, unless a later time is specified in it, and only if it is given in accordance with Clauses 14.1 and 14.2. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; in the case of prepaid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting; or in the case of if sent by email, on the first to occur of: receipt by the sender of an email acknowledgement from the recipient’s information system showing that the Notice has been delivered to the applicable email address; at the time that the Notice enters an sender's information system which is under the control of the Training Provider; and the time recorded that the Notice email (including any attachments) left that information system, unless within one Business Hour, the sender is first opened informed (by automatic notice or read by the intended addresseeotherwise) that delivery has failed, but if the event that would otherwise give rise to deemed receipt occurs on a day that is not a Business Day or after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this Contract is as follows: the Department’s representative is the Executive Director or the Deputy Secretary; and the Training Provider’s representative is its CEO. DISPUTE RESOLUTION A Party claiming that a Dispute has arisen must promptly give the other Party a Dispute Notice. A Party must not commence any court proceedings CEO as listed in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute. Despite the existence of a Dispute, the Parties must continue to perform their obligations under this Contract. This Clause 15 does not limit or otherwise affect the rights of the Department, which includes all of its rights under, this Contract, including its right to terminate it. If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to why the new issues that it wishes to raise cannot be managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that was commenced by the initial Dispute Notice. If a Party gives a Dispute Notice, the Parties must seek to resolve that Dispute through good faith negotiations. If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within 14 days after their meeting to: in the case of the Department – its Executive Director or the Deputy Secretary of, or their delegate; and in the case of the Training Provider – its CEO. The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days after the end of the referral period under Clause 15.9. If the Dispute is not resolved within seven days of the first meeting of the Department’s representative and the Training Provider's CEO, the Department may refer the Dispute to mediation administered by the ADC according to its mediation guidelines. If a Dispute is referred to mediation by the Department: the mediation will be conducted in accordance with the ADC's Guidelines for Commercial Mediation operating at the time the Dispute is referred to ADC; the Parties must (unless they agree otherwise) conduct the mediation within 14 days of the mediator being appointed; each Party will pay its own costs of attending and participating in the mediation; and the cost of the ADC and the appointed mediator will be shared equally between the Parties. The Department may notify the Minister of any Dispute. In the event that the Department refers the Dispute to mediation and the Parties are unable to resolve the Dispute in accordance with Clause 15.12, or the Dispute is not referred to mediation, then the Department may refer the Dispute to the Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14, will be final and binding on both Parties. This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of Schedule 1xxxxxxxx.xxx.xx.

NOTICES AND REPRESENTATIVES. A Notice issued under this Contract by a Party must be: in writing; signed by or on behalf of the Party giving it; and either: hand delivered or sent by prepaid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices as follows: for Notices to the Department, addressed to the Executive Director, Training Market Services, 0 Xxxxxxxx Xxxxx, Xxxx Xxxxxxxxx, 0000, or as varied by any Notice given by the Department; for Notices to the Training Provider, the Head Office address listed in xxxxxxxx.xxx.xx; or in the case of any Notice issued by the Department under Clause 16, sent by email (with a read receipt requested) to the email address of the Training Provider's CEO listed in xxxxxxxx.xxx.xx. A Notice takes effect from the time it is received, unless a later time is specified in it. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; in the case of prepaid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting; or in the case of email, on the first to occur of: receipt by the sender of an email acknowledgement from the recipient’s information system showing that the Notice has been delivered to the applicable email address; the time that the Notice enters an information system which is under the control of the Training Provider; and the time that the Notice is first opened or read by the intended addressee, but if the event that would otherwise give rise to deemed receipt occurs on a day that is not a Business Day or after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this Contract is as follows: the Department’s representative is the Executive Director or the Deputy Secretary; and the Training Provider’s representative is its CEO. DISPUTE RESOLUTION A Party claiming that a Dispute has arisen must promptly give the other Party a Dispute Notice. A Party must not commence any court proceedings in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute. Despite the existence of a Dispute, the Parties must continue to perform their obligations under this Contract. This Clause 15 does not limit or otherwise affect the rights of the Department, which includes all of its rights under, this Contract, including its right to terminate it. If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to why the new issues that it wishes to raise cannot be managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that was commenced by the initial Dispute Notice. If a Party gives a Dispute Notice, the Parties must seek to resolve that Dispute through good faith negotiations. If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within 14 days after their meeting to: in the case of the Department – its Executive Director or the Deputy Secretary of, or their delegate; and in the case of the Training Provider – its CEO. The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days after the end of the referral period under Clause 15.9. If the Dispute is not resolved within seven days of the first meeting of the Department’s representative and the Training Provider's CEO, the Department may refer the Dispute to mediation administered by the ADC according to its mediation guidelines. If a Dispute is referred to mediation by the Department: the mediation will be conducted in accordance with the ADC's Guidelines for Commercial Mediation operating at the time the Dispute is referred to ADC; the Parties must (unless they agree otherwise) conduct the mediation within 14 days of the mediator being appointed; each Party will pay its own costs of attending and participating in the mediation; and the cost of the ADC and the appointed mediator will be shared equally between the Parties. The Department may notify the Minister of any Dispute. In the event that the Department refers the Dispute to mediation and the Parties are unable to resolve the Dispute in accordance with Clause 15.12, or the Dispute is not referred to mediation, then the Department may refer the Dispute to the Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14, will be final and binding on both Parties. This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of Schedule 1.

NOTICES AND REPRESENTATIVES. A Notice issued under this Contract by a Party must be: in writing; and signed by or on behalf of the authorised representative of the Party giving it; and . A Notice must be issued by being either: hand delivered or sent by prepaid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices as follows: for Notices to the Departmentus, addressed to the Executive Director, Training Market Services, 0 Xxxxxxxx XxxxxGPO Box 4509, Xxxx Xxxxxxxxx, 0000Melbourne VIC 3001, or as varied by any Notice given by the Departmentus; for Notices to the Training Provideryou, the Head Office address listed in xxxxxxxx.xxx.xx; or in the case of any Notice issued by the Department under Clause 16, sent by email (with a read receipt requested) to: for Notices to us, xxxxxxxx.xxxxxx.xxxxxxxx@xxxxx.xxx.xxx.xx;or for Notices to you, the email address of the Training Provider's your CEO listed in xxxxxxxx.xxx.xx. A Notice takes effect from the time it is received, unless a later time is specified in it, and only if it is given in accordance with Clauses 14.1 and 14.2. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; in the case of prepaid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting; or in the case of if sent by email, on the first to occur of: receipt by the sender of an email acknowledgement from the recipient’s information system showing that the Notice has been delivered to the applicable email address; at the time that the Notice enters an sender's information system which is under the control of the Training Provider; and the time recorded that the Notice email (including any attachments) left that information system, unless within one Business Hour, the sender is first opened informed (by automatic notice or read by the intended addresseeotherwise) that delivery has failed, but if the event that would otherwise give rise to deemed receipt occurs on a day that is not a Business Day or after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this Contract is as follows: the Department’s our representative is the Executive Director or the Deputy Secretary; and the Training Provider’s your representative is its CEO. DISPUTE RESOLUTION A Party claiming that a Dispute has arisen must promptly give the other Party a Dispute Notice. A Party must not commence any court proceedings your CEO as listed in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute. Despite the existence of a Dispute, the Parties must continue to perform their obligations under this Contract. This Clause 15 does not limit or otherwise affect the rights of the Department, which includes all of its rights under, this Contract, including its right to terminate it. If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to why the new issues that it wishes to raise cannot be managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that was commenced by the initial Dispute Notice. If a Party gives a Dispute Notice, the Parties must seek to resolve that Dispute through good faith negotiations. If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within 14 days after their meeting to: in the case of the Department – its Executive Director or the Deputy Secretary of, or their delegate; and in the case of the Training Provider – its CEO. The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days after the end of the referral period under Clause 15.9. If the Dispute is not resolved within seven days of the first meeting of the Department’s representative and the Training Provider's CEO, the Department may refer the Dispute to mediation administered by the ADC according to its mediation guidelines. If a Dispute is referred to mediation by the Department: the mediation will be conducted in accordance with the ADC's Guidelines for Commercial Mediation operating at the time the Dispute is referred to ADC; the Parties must (unless they agree otherwise) conduct the mediation within 14 days of the mediator being appointed; each Party will pay its own costs of attending and participating in the mediation; and the cost of the ADC and the appointed mediator will be shared equally between the Parties. The Department may notify the Minister of any Dispute. In the event that the Department refers the Dispute to mediation and the Parties are unable to resolve the Dispute in accordance with Clause 15.12, or the Dispute is not referred to mediation, then the Department may refer the Dispute to the Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14, will be final and binding on both Parties. This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of Schedule 1xxxxxxxx.xxx.xx.

NOTICES AND REPRESENTATIVES. A Notice issued under this Contract by a Party must be: in writing; and signed by or on behalf of the authorised representative of the Party giving it; and . A Notice must be issued by being either: hand delivered or sent by prepaid priority post (airmail if posted to or from a place outside Australia) to the recipient's address for Notices as follows: for Notices to the Departmentus, addressed to the Executive Director, Training Market Services, 0 Xxxxxxxx XxxxxGPO Box 4509, Xxxx Xxxxxxxxx, 0000Melbourne VIC 3001, or as varied by any Notice given by the Departmentus; for Notices to the Training Provideryou, the Head Office address listed in xxxxxxxx.xxx.xx; or in the case of any Notice issued by the Department under Clause 16, sent by email (with a read receipt requested) to: for Notices to us, xxxxxxxx.xxxxxx.xxxxxxxx@xxxxx.xxx.xxx.xx; or for Notices to you, the email address of the Training Provider's your CEO listed in xxxxxxxx.xxx.xx. A Notice takes effect from the time it is received, unless a later time is specified in it, and only if it is given in accordance with Clauses 14.1 and 14.2. A Notice will be deemed to have been received by the addressee: in the case of hand delivery, at the time of delivery; in the case of prepaid priority post, on the second Business Day (or seventh Business Day if posted to or from a place outside Australia) after posting; or in the case of if sent by email, on the first to occur of: receipt by the sender of an email acknowledgement from the recipient’s information system showing that the Notice has been delivered to the applicable email address; at the time that the Notice enters an sender's information system which is under the control of the Training Provider; and the time recorded that the Notice email (including any attachments) left that information system, unless within one Business Hour, the sender is first opened informed (by automatic notice or read by the intended addresseeotherwise) that delivery has failed, but if the event that would otherwise give rise to deemed receipt occurs on a day that is not a Business Day or after 5.00pm on a Business Day, the Notice is taken to be received at 9.00am on the next Business Day. The authorised representative of each Party who will be responsible for issuing and receiving Notices under this Contract is as follows: the Department’s our representative is the Executive Director or the Deputy Secretary; and the Training Provider’s your representative is its CEO. DISPUTE RESOLUTION A Party claiming that a Dispute has arisen must promptly give the other Party a Dispute Notice. A Party must not commence any court proceedings your CEO as listed in relation to a Dispute, except proceedings for urgent interlocutory relief, unless it has complied with this Clause 15 in relation to that Dispute. Despite the existence of a Dispute, the Parties must continue to perform their obligations under this Contract. This Clause 15 does not limit or otherwise affect the rights of the Department, which includes all of its rights under, this Contract, including its right to terminate it. If a Party gives a Dispute Notice under this Clause 15, it is open to either Party to give a Notice of any other issue or dispute connected with the initial Dispute, and all other issues or disputes raised shall be deemed to have been included in the initial Dispute Notice. If a Dispute Notice has been given by a Party and that Dispute is the subject of the Dispute resolution process under this Clause 15, neither Party may give a further Dispute Notice which commences a new Dispute resolution process for that Dispute without the consent of the other Party. A Party seeking to give a further Dispute Notice or Dispute Notices must provide evidence to the other Party as to why the new issues that it wishes to raise cannot be managed as part of resolving the current Dispute, and that the Dispute which warrants the giving of a further Dispute Notice is clearly distinguished from, or does not arise as a result of, the Dispute resolution process that was commenced by the initial Dispute Notice. If a Party gives a Dispute Notice, the Parties must seek to resolve that Dispute through good faith negotiations. If the Parties are unable to settle a Dispute within seven days of one Party giving a Dispute Notice to the other Party, each Party must appoint a representative with authority to settle the Dispute. The appointed representatives must meet within a further seven days to attempt to settle the Dispute. If the representatives are unable to resolve the Dispute within seven days of first meeting, the Dispute must be referred within 14 days after their meeting to: in the case of the Department – its Executive Director or the Deputy Secretary of, or their delegate; and in the case of the Training Provider – its CEO. The Department’s representative and the CEO must meet with each other to seek to resolve the Dispute within seven days after the end of the referral period under Clause 15.9. If the Dispute is not resolved within seven days of the first meeting of the Department’s representative and the Training Provider's CEO, the Department may refer the Dispute to mediation administered by the ADC according to its mediation guidelines. If a Dispute is referred to mediation by the Department: the mediation will be conducted in accordance with the ADC's Guidelines for Commercial Mediation operating at the time the Dispute is referred to ADC; the Parties must (unless they agree otherwise) conduct the mediation within 14 days of the mediator being appointed; each Party will pay its own costs of attending and participating in the mediation; and the cost of the ADC and the appointed mediator will be shared equally between the Parties. The Department may notify the Minister of any Dispute. In the event that the Department refers the Dispute to mediation and the Parties are unable to resolve the Dispute in accordance with Clause 15.12, or the Dispute is not referred to mediation, then the Department may refer the Dispute to the Secretary or the Secretary's nominee for determination. A decision made under a referral in accordance with this Clause 15.14, will be final and binding on both Parties. This Clause 15 does not apply to a Dispute arising under Clause 11 or Clause 17 or Clause 11 of Schedule 1xxxxxxxx.xxx.xx.