Common use of Notices of Other Claims Clause in Contracts

Notices of Other Claims. Except for claims for: payment under clause 10 on account of the unadjusted Fee; a Variation instructed in accordance with clause 9.2 or to which clause 13.1 applies; or contribution or indemnity for loss or damage caused or contributed to by the negligence of the Commonwealth, where the Commonwealth or a third party (other than a subconsultant of the Consultant or other party for whom the Consultant is legally responsible) makes a claim (whether in tort, under statute or otherwise at law) against the Consultant, the Consultant must give the Commonwealth's Representative the notices required by clause 13.3 if it wishes to make a Claim against the Commonwealth in respect of any direction by the Commonwealth's Representative or any other fact, matter or thing (including a breach of the Contract by the Commonwealth) under, arising out of, or in any way in connection with, the Services or the Contract, including anything in respect of which: it is otherwise given an express entitlement under the Contract; or the Contract expressly provides that: specified costs are to be added to the Fee; or the Fee will be otherwise increased or adjusted, as determined by the Commonwealth's Representative.

Appears in 2 contracts

Samples: Panel Agreement, Panel Agreement

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Notices of Other Claims. Except for claims for: payment under clause 10 9. or 9A (as the case may be) on account of the unadjusted Fee; a Variation instructed in accordance with clause 9.2 8.2 or to which clause 13.1 applies; or contribution or indemnity for loss or damage caused or contributed to by the negligence of the Commonwealth, where the Commonwealth or a third party (other than a subconsultant of the Consultant or other party for whom the Consultant is legally responsible) makes a claim (whether in tort, under statute or otherwise at law) against the Consultant, the Consultant must give the Commonwealth's Representative the notices required by clause 13.3 if it wishes to make a Claim against the Commonwealth in respect of any direction by the Commonwealth's Representative or any other fact, matter or thing (including a breach of the Contract by the Commonwealth) under, arising out of, or in any way in connection with, the Services or the Contract, including anything in respect of which: it is otherwise given an express entitlement under the Contract; or the Contract expressly provides that: specified costs are to be added to the Fee; or otherwise the Fee will be otherwise increased or adjusted, as determined by the Commonwealth's Representative.

Appears in 2 contracts

Samples: Panel Agreement, Panel Agreement

Notices of Other Claims. Except for claims for: payment under clause 10 10. on account of the unadjusted Fee; a Variation instructed in accordance with clause 9.2 or to which clause 13.1 applies; or contribution or indemnity for loss or damage caused or contributed to by the negligence of the Commonwealth, where the Commonwealth or a third party (other than a subconsultant of the Consultant or other party for whom the Consultant is legally responsible) makes a claim (whether in tort, under statute or otherwise at law) against the Consultant, the Consultant must give the Commonwealth's Representative the notices required by clause 13.3 if it wishes to make a Claim against the Commonwealth in respect of any direction by the Commonwealth's Representative or any other fact, matter or thing (including a breach of the Contract by the Commonwealth) under, arising out of, or in any way in connection with, the Services or the Contract, including anything in respect of which: it is otherwise given an express entitlement under the Contract; or the Contract expressly provides that: specified costs are to be added to the Fee; or the Fee will be otherwise increased or adjusted, as determined by the Commonwealth's Representative.

Appears in 1 contract

Samples: Panel Agreement

Notices of Other Claims. Except for claims for: payment under clause 10 10. or 10A (as the case may be) on account of the unadjusted Fee; a Variation instructed in accordance with clause 9.2 or to which clause 13.1 14.1 applies; or contribution or indemnity for loss or damage caused or contributed to by the negligence of the Commonwealth, where the Commonwealth or a third party (other than a subconsultant of the Consultant or other party for whom the Consultant is legally responsible) makes a claim (whether in tort, under statute or otherwise at law) against the Consultant, the Consultant must give the Commonwealth's Representative the notices required by clause 13.3 14.3 if it wishes to make a Claim against the Commonwealth in respect of any direction by the Commonwealth's Representative or any other fact, matter or thing (including a breach of the Contract by the Commonwealth) under, arising out of, or in any way in connection with, the Services or the Contract, including anything in respect of which: it is otherwise given an express entitlement under the Contract; or the Contract expressly provides that: specified costs are to be added to the Fee; or otherwise the Fee will be otherwise increased or adjusted, as determined by the Commonwealth's Representative.

Appears in 1 contract

Samples: Panel Agreement

Notices of Other Claims. Except for claims for: payment under clause 10 9 or 9A (as the case may be) on account of the unadjusted Fee; a Variation instructed in accordance with clause 9.2 8.2 or to which clause 13.1 12.1 applies; or contribution or indemnity for loss or damage caused or contributed to by the negligence of the Commonwealth, where the Commonwealth or a third party (other than a subconsultant of the Consultant or other party for whom the Consultant is legally responsible) makes a claim (whether in tort, under statute or otherwise at law) against the Consultant, the Consultant must give the Commonwealth's Representative the notices required by clause 13.3 12.3 if it wishes to make a Claim against the Commonwealth in respect of any direction by the Commonwealth's Representative or any other fact, matter or thing (including a breach of the Contract by the Commonwealth) under, arising out of, or in any way in connection with, the Services or the Contract, including anything in respect of which: it is otherwise given an express entitlement under the Contract; or the Contract expressly provides that: specified costs are to be added to the Fee; or the Fee will be otherwise increased or adjusted, as determined by the Commonwealth's Representative.

Appears in 1 contract

Samples: Panel Agreement

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Notices of Other Claims. Except for claims for: payment under clause 10 or clause 10A (as the case may be) on account of the unadjusted Fee; a Variation instructed in accordance with clause 9.2 28.2 or to which clause 13.1 32.1 applies; or contribution or indemnity for loss or damage caused or contributed to by the negligence of the Commonwealth, where the Commonwealth or a third party (other than a subconsultant of the Consultant or other party for whom the Consultant is legally responsible) makes a claim (whether in tort, under statute or otherwise at law) against the Consultant, the Consultant must give the Commonwealth's Representative the notices required by clause 13.3 32.3 if it wishes to make a Claim against the Commonwealth in respect of any direction by the Commonwealth's Representative or any other fact, matter or thing (including a breach of the Contract by the Commonwealth) under, arising out of, or in any way in connection with, the Services or the Contract, including anything in respect of which: it is otherwise given an express entitlement under the Contract; or the Contract expressly provides that: specified costs are to be added to the Fee; or the Fee will be otherwise increased or adjusted, as determined by the Commonwealth's Representative.

Appears in 1 contract

Samples: Panel Agreement

Notices of Other Claims. Except for claims for: payment under clause 10 9 on account of the unadjusted Fee; a Variation instructed in accordance with clause 9.2 or to which clause 13.1 12.1 applies; or contribution or indemnity for loss or damage caused or contributed to by the negligence of the Commonwealth, where the Commonwealth or a third party (other than a subconsultant of the Consultant or other party for whom the Consultant is legally responsible) makes a claim (whether in tort, under statute or otherwise at law) against the Consultant, the Consultant must give the Commonwealth's Representative the notices required by clause 13.3 12.3 if it wishes to make a Claim against the Commonwealth in respect of any direction by the Commonwealth's Representative or any other fact, matter or thing (including a breach of the Contract by the Commonwealth) under, arising out of, or in any way in connection with, the Services or the Contract, including anything in respect of which: it is otherwise given an express entitlement under the Contract; or the Contract expressly provides that: specified costs are to be added to the Fee; or the Fee will be otherwise increased or adjusted, as determined by the Commonwealth's Representative.

Appears in 1 contract

Samples: Panel Agreement

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