OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j)) Workers’ compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; Professional indemnity insurance for a minimum amount of [insert amount]; and [insert any other insurances relevant to cover the risks of the Project]. [Drafting note: Recipient to insert limits of liability and list any other insurances as may be required to cover any Project risk(s) (e.g. construction and property insurances, etc.). While ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure appropriate insurances are in place (and limits of liability) to cover any risks of the Project, with third party advice on insurances procured by the Recipient if required.] 1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Driving the Nation Program. Signage [Optional clause] [Drafting note: Insert the below clause if ARENA requires signage outside the Project site or facility. Generally, this clause is only required for demonstration and / or deployment Projects.] The Recipient must acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Driving the Nation Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project. .1) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 25) [As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan] Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37) ARENA: Director, Portfolio Management ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address and position of person authorised to receive notices and other communications. A street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.] 1Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must: (a) undertake the Project in accordance with this Agreement; (b) use reasonable endeavours to achieve the Outcomes; (c) achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment); (d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and (e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharing
Appears in 2 contracts
Sources: Funding Agreement, Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(jclause 22.1(i) (Undertakings and Acknowledgements)) Workers’ compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; Professional indemnity insurance for a minimum amount of [insert amount]; and [insert list any other insurances relevant to cover the risks of the Project]. [Drafting note: Recipient to insert limits of liability and list any other insurances as may be required to cover any Project the risk(s) caused by the Project (e.g. construction and property insurances, etc.). While Note that while ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure it has appropriate insurances are in place (and limits of liability) to cover any risks the risk of the Project, with third . Third party advice on insurances should be procured by the Recipient if required.]
1] Acknowledgement of support (clause 8.1 (Acknowledgement, disclaimer and publicity)) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Driving the Nation Industrial Transformation Stream Program. Signage [Optional clause] [Drafting note: The following signage clause is an optional clause. ARENA to advise if it will apply. Insert the below following clause if ARENA requires signage outside the Project site or facilityfacility at which the Project is undertaken. Generally, this clause is only required included for demonstration and / or deployment Projects.] The Recipient must also acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Driving the Nation Industrial Transformation Stream Program. The Recipient is requested to consider including a First Nations an indigenous place acknowledgement if the signage clause applies to the Project.
.1. Disclaimer (clause 8.3 (Acknowledgement, disclaimer and publicity)) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 25clause 26 (Confidentiality)) [As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan] Plan Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37clause 38 (Notices and other communications)) ARENA: Director, Portfolio Management ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address name and position of person authorised to receive notices and other communications. A email address] [Drafting note: Recipient to insert relevant street address (not PO Box) must be included for purposes of hand deliverydelivery and email. Note that service cannot be facsimile or pre-paid post.] 1Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) undertake the Project in accordance with this Agreement;
(b) use reasonable endeavours to achieve the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharingProject
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j14.1(l)) Workers’ Workers compensation in accordance with relevant State or Territory legislation; legislation Public liability insurance for a minimum amount of [insert amount]; $10,000,000 per occurrence Professional indemnity insurance or errors and omissions insurance for a minimum amount of $5,000,000 per occurrence [insert amount]; and [insert any Recipient – other insurances relevant to cover the risks appropriate for nature of the Project]. [Drafting note: Recipient to insert limits Activity] Acknowledgement of liability and list any other insurances as may be required to cover any Project risk(s) Support (e.g. construction and property insurances, etc.). While ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure appropriate insurances are in place (and limits of liability) to cover any risks of the Project, with third party advice on insurances procured by the Recipient if required.]
1Clause 17.1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statementstatement in any media or collateral associated with the Activity: This Project Activity received funding from the Australian Renewable Energy Agency (ARENA) ARENA as part of ARENA's Driving Research and Development Program – Renewable Hydrogen for Export [insert the Nation Program. Signage [Optional clause] [Drafting note: Insert the below following signage clause if ARENA requires signage outside the Project site or facility. Generally, this clause facility at which the Activity is only required for demonstration and / or deployment Projects.undertaken] Signage The Recipient must also acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project Activity is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) ARENA for [insert Project Activity title] as part of ARENA's Driving the Nation Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1Research and Development Program Disclaimer (Clause 17.4) The Recipient must include the following statement on any published material in relation to the ProjectActivity: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. herein Recipient Confidential Information (Clause 2518) [Specify information of the Recipient which is confidential and the duration of confidentiality (if known) - under the Agreement, this information can only be disclosed by ARENA in accordance with clause 18.2 (which includes as specified or contemplated in the Knowledge Sharing Plan (KSP)). If addressed in the KSP, insert “As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan”] Address for Notices and other communications invoices (including, in the case of ARENA, invoicesclause 5.5(a)) (Clause 37) ARENA: Director, Portfolio Management ▇▇Project Manager Australian Renewable Energy Agency GPO ▇▇▇ ▇▇▇, ▇ ▇▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address and position of person authorised to receive notices and other communications. A street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.] 1Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) undertake the Project in accordance with this Agreement;
(b) use reasonable endeavours to achieve the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharing▇
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j)) Workers’ compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; Professional indemnity insurance for a minimum amount of [insert amount]; and [insert any other insurances relevant to cover the risks of the Project]. [Drafting note: Recipient to insert limits of liability and list any other insurances as may be required to cover any Project risk(s) (e.g. construction and property insurances, etc.). While ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure appropriate insurances are in place (and limits of liability) to cover any risks of the Project, with third party advice on insurances procured by the Recipient if required.]
1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Driving the Nation Industrial Transformation Stream Program. Signage [Optional clause] [Drafting note: Insert the below clause if ARENA requires signage outside the Project site or facility. Generally, this clause is only required for demonstration and / or deployment Projects.] The Recipient must acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Driving the Nation Industrial Transformation Stream Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 25) [As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan] Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37) ARENA: Director, Portfolio Management ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address and position of person authorised to receive notices and other communications. A street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.] 1Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) undertake the Project in accordance with this Agreement;
(b) use reasonable endeavours to achieve the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharing
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j)) Workers’ compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; Professional indemnity insurance for a minimum amount of [insert amount]; and [insert any other insurances relevant to cover the risks of the Project]. [Drafting note: Recipient to insert limits of liability and list any other insurances as may be required to cover any Project risk(s) (e.g. construction and property insurances, etc.). While ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure appropriate insurances are in place (and limits of liability) to cover any risks of the Project, with third party advice on insurances procured by the Recipient if required.]
1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Driving the Nation Advancing Renewables Program. Signage [Optional clause] [Drafting note: Insert the below clause if ARENA requires signage outside the Project site or facility. Generally, this clause is only required for demonstration and / or deployment Projects.] The Recipient must acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Driving the Nation Advancing Renewables Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 25) [As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan] Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37) ARENA: Director, Portfolio Management ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address and position of person authorised to receive notices and other communications. A street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.] 1Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) undertake the Project in accordance with this Agreement;
(b) use reasonable endeavours to achieve the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharing
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j)) Workers’ compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; Professional indemnity insurance for a minimum amount of [insert amount]; and [insert any other insurances relevant to cover the risks of the Project]. [Drafting note: Recipient to insert limits of liability and list any other insurances as may be required to cover any Project risk(s) (e.g. construction and property insurances, etc.). While ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure appropriate insurances are in place (and limits of liability) to cover any risks of the Project, with third party advice on insurances procured by the Recipient if required.]
1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Driving the Nation Solar Sunshot Program. Signage [Optional clause] [Drafting note: Insert the below clause if ARENA requires signage outside the Project site or facility. Generally, this clause is only required for demonstration and / or deployment Projects.] The Recipient must acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Driving the Nation Solar Sunshot Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 25) [As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan] Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37) ARENA: Director, Portfolio Management ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address and position of person authorised to receive notices and other communications. A street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.] 1Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) undertake the Project in accordance with this Agreement;
(b) use reasonable endeavours to achieve the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharing
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j)) Workers’ compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; Professional indemnity insurance for a minimum amount of [insert amount]; and [insert any other insurances relevant to cover the risks of the Project]. [Drafting note: Recipient to insert limits of liability and list any other insurances as may be required to cover any Project risk(s) (e.g. construction and property insurances, etc.). While ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure appropriate insurances are in place (and limits of liability) to cover any risks of the Project, with third party advice on insurances procured by the Recipient if required.]
1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Driving the Nation Program. Signage [Optional clause] [Drafting note: Insert the below clause if ARENA requires signage outside the Project site or facility. Generally, this clause is only required for demonstration and / or deployment Projects.] The Recipient must acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Driving the Nation Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 25) [As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan] Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37) ARENA: Director, Portfolio Management ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address and position of person authorised to receive notices and other communications. A street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.] 1Duration Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) : undertake the Project in accordance with this Agreement;
(b) ; use reasonable endeavours to achieve the Outcomes;
(c) ; achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment);
(d) ; satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) and complete the Project by the Final Milestone Completion Date. 3Knowledge Knowledge sharing The Recipient must: in consultation with ARENA, implement and comply with the Knowledge Sharing Plan; and ensure the delivery of the Knowledge Sharing Deliverables in accordance with this Agreement. The Recipient acknowledges and agrees that: subject to the terms of this Agreement, the Recipient will ensure that the documentation and information provided to ARENA under the Knowledge Sharing Plan is categorised as public to the fullest extent reasonably possible; and it is the Recipient’s responsibility to ensure that any Project documentation or information (including any Knowledge Sharing Deliverables) prepared for public release do not contain any Recipient Confidential Information. The Recipient must identify the documentation and information it provides to ARENA in accordance with its obligations under the Knowledge Sharing Plan as follows: public: information that may be shared freely within ARENA, with industry participants, and with the public in general; and Recipient Confidential Information: information that may only be shared in accordance with clause 25 (Confidentiality). The Recipient must submit all Knowledge Sharing Deliverables to ARENA via ARENANet (unless otherwise advised by ARENA), at the times specified in item 1.8 (Milestones) of Schedule 1 (The Project), in a form and substance satisfactory to ARENA. Where a Knowledge Sharing Deliverable is not a Milestone Deliverable, within 20 Business Days of receipt of the Knowledge Sharing Deliverable in accordance with clause 3.4 (Knowledge sharing), ARENA will notify the Recipient that the Knowledge Sharing Deliverable is: accepted; or not accepted (providing reasons). Without limiting any other rights or remedies ARENA may have under this Agreement, when a Knowledge Sharing Deliverable is not accepted under clause 3.5(b) (Knowledge sharing): within 10 Business Days of receipt of ARENA’s notification of non-acceptance (or such other time agreed with ARENA), the Recipient must re-submit the relevant Knowledge Sharing Deliverable; within 10 Business Days of receipt of a re-submitted Knowledge Sharing Deliverable in accordance with clause 3.6(a) (Knowledge sharing) (or such other time ARENA requires, acting reasonably), ARENA will notify the Recipient that the relevant Knowledge Sharing Deliverable is: accepted; or not accepted (providing reasons), in which case, the Recipient may re-submit a Knowledge Sharing Deliverable in accordance with clause 3.6(a) (Knowledge sharing) and ARENA may, in its sole discretion, notify the Recipient whether the Knowledge Sharing Deliverable is accepted. Conditions Precedent [Optional clause] [Drafting note: ARENA to determine if this clause 4 is required. CPs may include conditions contained in the Applicant’s letter of offer. CPs may instead be included as a Milestone Deliverable at ARENA’s discretion.] Notwithstanding any other provision of this Agreement, the Recipient acknowledges and agrees that it must not submit a request for payment of ARENA Funding, and ARENA is not obliged to pay to the Recipient any amount of ARENA Funding, until the Recipient satisfies the Conditions Precedent. The Conditions Precedent: must be satisfied in a form and substance satisfactory to ARENA; and are for the benefit of ARENA and may only be waived in writing by ARENA. The Recipient must: use all reasonable endeavours to: submit the Conditions Precedent promptly and, in any event, on or before the CP Submission Date; satisfy the Conditions Precedent on or before the CP Satisfaction Date; and notify ARENA in writing upon submitting the Conditions Precedent. Within 10 Business Days of receipt of a notice under clause 4.3(b) (Conditions Precedent) (or such other period as may be agreed between the parties), ARENA must provide written notice to the Recipient confirming that each of the Conditions Precedent have been: satisfied by the Recipient in accordance with this Agreement; waived by ARENA; or rejected by ARENA, if it considers, acting reasonably, that the Conditions Precedent do not satisfy all the requirements set out under item 1.4 (Conditions Precedent) of Schedule 1 (The Project), in which case: ARENA must provide written reasons for the rejection; the Recipient must, within 5 Business Days, reissue the Conditions Precedent in a form that addresses the reasons for the earlier rejection; and ARENA may accept or reject the Conditions Precedent within 5 Business Days of receiving the reissued Conditions Precedent. Subject to clause 4.4(b) (Conditions Precedent), if the Recipient fails to satisfy the Conditions Precedent by the CP Satisfaction Date, then: ARENA may immediately terminate this Agreement by notice to the Recipient; and neither party will have any liability to the other party arising out of, or in connection with, this Agreement or the termination of it. Stages [Optional clause] [Drafting note: ARENA to determine if this clause 5 is required. Stages are to be clearly identified within the Milestones table in item 1.8 (Milestones) of Schedule 1 (The Project). Where not required, delete this clause and insert ‘Not used.’] The Recipient must complete the Project in the Stages set out in item 1.8 (Milestones) of Schedule 1 (The Project). ARENA will conduct a Stage Gate Review as set out in item 1.5 (Stages) of Schedule 1 (The Project). Upon completion of the Stage Gate Review, without limiting any other rights or remedies ARENA may have arising out of or in connection with this Agreement, ARENA may, at its discretion, terminate this Agreement by giving written notice to the Recipient. On termination of this Agreement under this clause 5 (Stages), ARENA is not obliged to pay to the Recipient any compensation or any further ARENA Funding and neither party will be liable to the other party for Consequential Loss arising under or in connection with this Agreement. Governance Body [Drafting note: ARENA will consider whether amendment to this clause is required to provide for the Project’s governance. This clause is not optional and is not to be deleted.] Where a steering committee, group or body has been or will be established to oversee or coordinate the Project (Governance Body), the parties acknowledge and agree that: the Recipient must notify ARENA, as soon as is reasonably practicable, of the establishment of the Governance Body; ARENA may, in its discretion, participate in the Governance Body as an observer; all decisions or recommendations made, and actions taken, by the Governance Body are based on the Governance Body’s own information, enquiries, independent advice, and/or considerations; any contribution made to the Governance Body by ARENA as an observer will not bind the Governance Body; the Governance Body’s decisions, recommendations and actions will not bind ARENA; and any other Governance Body requirements are further specified in item 1.7 (Governance) of Schedule 1 (The Project). Acknowledgement, disclaimer and publicity The Recipient must, and must ensure that any Project Participants: before making a public announcement in connection with this Agreement or any transaction contemplated by it, obtain ARENA's written consent to the announcement, except if required by Law or a regulatory body, including a relevant stock exchange, in which case ARENA should be notified of any such requirement as soon as practicable; and include a disclaimer as specified in item 17 (Disclaimer) of the Project Details, or as otherwise approved by ARENA, in all published material relating to the Project. The Recipient must, and must ensure that any Project Participants, acknowledge the financial support received from ARENA: in all publications, promotional and advertising materials, public announcements, events and activities in connection with the Project; in any products, processes or inventions developed as a result of the Project; and if required by ARENA, at the place where the Project is undertaken, ensuring the form of acknowledgement is as specified in item 16 (Acknowledgement of support) of the Project Details or as otherwise approved by ARENA prior to its use. ARENA reserves the right to publicise and report on the awarding of the ARENA Funding, and may include: the name of the Recipient, Recipient's shareholders and Project Participants; the amount of the ARENA Funding; and a brief description of the Project. Communication Materials
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j14.1(l)) Workers’ Workers compensation in accordance with relevant State or Territory legislation; legislation Public liability insurance for a minimum amount of [insert amount]; $10,000,000 per occurrence Professional indemnity insurance or errors and omissions insurance for a minimum amount of $5,000,000 per occurrence [insert amount]; and [insert Insert any other insurances relevant to cover the risks appropriate for nature of the Project]. [Drafting note: Recipient to insert limits ] Acknowledgement of liability and list any other insurances as may be required to cover any Project risk(s) Support (e.g. construction and property insurances, etc.). While ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure appropriate insurances are in place (and limits of liability) to cover any risks of the Project, with third party advice on insurances procured by the Recipient if required.]
1Clause 17.1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statementstatement in any media or collateral associated with the Project: This Project received funding from the Australian Renewable Energy Agency (ARENA) ARENA as part of ARENA's Driving Research and Development Program – Addressing end-of-life issues and lowering the Nation Program. Signage cost of solar PV [Optional clause] [Drafting note: Insert the below following signage clause if ARENA requires signage outside the Project site or facility. Generally, this clause facility at which the Project is only required for demonstration and / or deployment Projects.undertaken] Signage The Recipient must also acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) ARENA for [insert Project title] as part of ARENA's Driving the Nation Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1Research and Development Program Disclaimer (Clause 17.4) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 2518) [Specify information of the Recipient which is confidential and the duration of confidentiality (if known) - under the Agreement, this information can only be disclosed by ARENA in accordance with clause 18.2 (which includes as specified or contemplated in the Knowledge Sharing Plan (KSP)). If addressed in the KSP, insert: “As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan”] Address for invoices (clause Error: Reference source not found) Director, Contract Management Services Australian Renewable Energy Agency ▇▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37) ARENA: Director, Portfolio Contract Management Services Delivery and email address: ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address Insert name and position of person authorised to receive notices notices] Delivery and other communications. A email address: [Insert street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.and email address] 1Duration Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term)terms. 2Recipient Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) : undertake the Project and achieve the Outcomes; progress the Project in a timely and expeditious manner (without limiting its other obligations under this clause 2.1); meet the completion dates for the Milestones listed in item 2.2 of Schedule 1, or such other time as agreed between the parties; and complete the Project by the Project Completion Date. The Recipient must not commence any work in respect of the Project until the preconditions set out in item 1.3 of Schedule 1 (if any) have been satisfied. The Recipient must: promptly notify ARENA, in writing, of any delay or anticipated delay to the progress of the Project or achievement of a Milestone, providing the reason for the delay, the anticipated impact on the Project and steps the Recipient is taking or will take to overcome the delay; and keep ARENA updated as to the status of any such notified delay. Knowledge sharing The Recipient must: in consultation with ARENA, implement and comply with the Knowledge Sharing Plan; ensure the delivery of the Knowledge Sharing Deliverables; and as reasonably required by ARENA, participate in relevant meetings, conferences, seminars, workshops, surveys and interviews, deliver presentations and provide briefings to the ARENA Board and ARENA staff and other relevant industry forums on Project progress and achievement of the Outcomes. It is the Recipient’s responsibility to ensure that any Project documentation or information (including any reports) prepared for public release does not contain any Recipient Confidential Information. The Recipient must categorise the documentation and information it provides to ARENA pursuant to the Knowledge Sharing Plan as follows: public unrestricted: information that may be shared freely within ARENA, with industry participants, and with the public in general; public restricted: information that may be shared freely within ARENA, with industry participants, and with the public in general, subject to any reasonable restrictions specified in the Knowledge Sharing Plan; and Recipient Confidential Information: information that may be shared in accordance with clause 18. ARENA Funding Subject to this Agreement, including satisfaction of clause 5, ARENA will pay the ARENA Funding to the Recipient in accordance with item 2.2 of Schedule 1. Notwithstanding any other provision of this Agreement, ARENA's total liability under or in connection with this Agreement, including all ARENA Funding paid or payable, will not exceed an amount equal to the ARENA Funding. ARENA may set-off any money due for payment by ARENA to the Recipient under this Agreement against any money due for payment by the Recipient to ARENA under this Agreement or any other agreement between the parties under which ARENA provides funding to the Recipient. Claims for Payment Subject to this Agreement, ARENA will pay ARENA Funding to the Recipient in accordance with this Agreement;
(b) use reasonable endeavours to achieve clause 5. Before the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date Recipient can make a claim for payment of ARENA Funding in accordance with clause 15 (Claims 5.6, the Recipient must, unless otherwise agreed, submit to ARENA by email, all Milestone Deliverables due for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables relevant Milestone by the relevant dates completion date specified in item 2.2 of Schedule 1. Upon receipt of a Milestone Deliverable in accordance with clause 3 5.2, ARENA will: within 5 Business Days, provide the Recipient with notification that the Milestone Deliverable has been received; and within 20 Business Days, notify the Recipient, with respect to each Milestone Deliverable, whether it is: accepted; or not accepted. When one or more Milestone Deliverables are not accepted: ARENA will provide the Recipient with reasons why the Milestone Deliverable was not accepted; and the Recipient must re-submit the Milestone Deliverable within 10 Business Days (Knowledge sharing)or such other period notified by ARENA) of notification of the reasons for non-acceptance. When all Milestone Deliverables due for the relevant Milestone are accepted by ARENA: ARENA will notify the Recipient that the Milestone is achieved; and
(e) and the Recipient will make a claim for payment with respect to payment of the relevant Milestone in accordance with the requirements of clause 5.6. The Recipient may submit a claim for payment of ARENA Funding by providing a correctly rendered invoice which: is emailed to the address listed in item 22 of the Project Details; meets the requirements of a tax invoice as set out in the GST Law; sets out: the agreement number and Project title; and the amount of ARENA Funding to be paid together with the supporting documentation and other evidence specified in item 1 of Schedule 1; and is accompanied by a certificate signed and dated by a duly authorised representative of the Recipient stating that: the representations set out in clause 13 of this Agreement are true and correct in all material respects as at the date the invoice is submitted; no Material Breach is continuing or would result from the payment of funding by ARENA; and the Recipient is able, and has sufficient funds, to complete the Project by the Final Milestone Completion DateDate in accordance with this Agreement. 3Knowledge sharingSubject to this Agreement, ARENA must make payment within 30 days after receiving a valid invoice into the account nominated by the Recipient. Bank account ledger The Recipient must maintain a separate bank account ledger containing full details of funds received from ARENA under this Agreement and subsequent withdrawal or transfer of those funds. Use of ARENA Funding The Recipient must use the ARENA Funding only: for the Project; for Eligible Expenditure; as provided in the Budget (as may be varied under this Agreement); and in accordance with the terms and conditions set out in this Agreement. Without limiting clause 10, the Recipient must not spend more than 10% of the ARENA Funding on Overseas Expenditure, other than for equipment or materials, unless otherwise agreed in writing by ARENA. Contributions With the exception of the ARENA Funding, the Recipient is responsible for providing or securing all funds and resources, and bearing all costs, necessary to complete the Project (including on account of cost overruns). Unless otherwise agreed in writing: the Recipient Contributions must be provided and used for the Project in accordance with the timeframe in item 2.3 of Schedule 1; and the Recipient must ensure that any Other Contributions are provided and used for the Project in accordance with item Error: Reference source not found and/or Error: Reference source not found of Schedule 1. The Recipient must provide written notice to ARENA as soon as practicable if the Recipient Contributions and/or Other Contributions provided and used for the Project in accordance with items 2.3, Error: Reference source not found and Error: Reference source not found of Schedule 1 are increased. Variations Subject to clause 10, no agreement or understanding varying the terms of this Agreement is legally binding upon either party unless the agreement or understanding is in writing and signed by both parties. Minor Variations ARENA may, by written notice, direct a Minor Variation; or agree to a written request for a Minor Variation by the Recipient, which must set out the details of the proposed variation and the impact the proposed variation will have on the Project. ARENA must act reasonably in: directing a Minor Variation; and considering the Recipient's request under clause 10.1(b), with written reasons to be provided if the request is rejected. For the avoidance of doubt, variations that are not Minor Variations must be made in accordance with clause 9. Changes to the Budget Notwithstanding clause 10.1(b), the Recipient is not required to seek a variation for changes to the Budget unless: the value of an item of expenditure or quantum of the Budget increases or decreases by more than the percentage set out in item 12 of the Project Details; or the variation increases the amount allocated to Overseas Expenditure by more than 10% of the ARENA Funding. Reporting and plans The Recipient must provide: the reports at the times specified in item 3.1 of this Schedule 1 and in the form and substance satisfactory to ARENA (including details of any Knowledge Sharing Deliverables in accordance with the Knowledge Sharing Plan); reports or any other information as reasonably required by ARENA from time to time at the time and in the manner reasonably required by ARENA in relation to any significant developments concerning the Project or any significant delays or difficulties encountered in undertaking the Project; and in the event this Agreement is terminated by ARENA as a result of the Recipient abandoning the Project or being unable to complete the Project due to technical or commercial feasibility reasons, within 20 Business Days after the termination, a report for public release explaining the reasons for such termination and the information, knowledge and lessons learned (both positive and negative) by the Recipient, its Personnel or subcontractors from the Project. Within 30 days of receiving a report, ARENA may: accept the report, if it considers acting reasonably that the report satisfies all the requirements set out under item 3.1 of Schedule 1; or reject a report, if it considers acting reasonably that the report does not satisfy all the requirements set out under item 3.1of Schedule 1. If rejected, ARENA must provide reasons for the rejection, and the Recipient must, within 14 days, reissue the report in a form that addresses the reasons for the earlier rejection. Within 30 days of the reissued report, ARENA may accept or reject the report in accordance with this clause 12.2. Representations and warranties The Recipient represents and warrants that: (transaction permitted): it will not be breaching any Law, Authorisation or agreement by signing and performing this Agreement; (no misleading information): all information provided to ARENA (including in the Application) is true, correct and complete in all material respects and is not misleading; (conflicts of interest): to the best of its knowledge after making diligent inquiry, and except as otherwise disclosed to ARENA, no conflict of interest exists or is likely to arise in the performance of its obligations under this Agreement; (employee entitlements): it is not subject to any judicial decision against it relating to employee entitlements (not including decisions under appeal) where it has not paid the claim; (Licensed Materials): to the best of its knowledge after making diligent enquiries, the Licensed Materials and ARENA's use of the Licensed Materials in accordance with this Agreement will not infringe the Intellectual Property Rights or Moral Rights of any person; (legal capacity): it has full legal capacity to own its own property, undertake the Project and enter into this Agreement, and to carry out the transactions that each of these contemplate; (financial capacity): it has, or will have, sufficient funds to complete the Project; (insolvency): no Insolvency Event has occurred, and there are no reasonable grounds to suspect that an Insolvency Event will occur, in respect of the Recipient;
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j22.1(i)) Workers’ compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; Professional indemnity insurance for a minimum amount of [insert amount]; and [insert any other insurances relevant to cover the risks of the Project]. [Drafting note: Recipient to insert complete. Insert limits of liability and list any other insurances as may be required to cover any Project the risk(s) caused by the Project (e.g. construction and property insurances, etc.). While Note that while ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure that it has appropriate insurances are in place (and limits of liability) to cover any risks the risk of the Project, with third . Third party advice on insurances should be procured by the Recipient if required.]
1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Driving the Nation Advancing Renewables Program. Signage [Optional clause] [Drafting note: The following signage clause is an optional clause. ARENA to complete. Insert the below following clause if ARENA requires signage outside the Project site or facilityfacility at which the Project is undertaken. Generally, this clause is only required to be included for demonstration and / or deployment Projects.] The Recipient must also acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Driving the Nation Advancing Renewables Program. The Recipient is requested to consider including a First Nations an indigenous place acknowledgement if the signage clause applies to the Project.
.1. Disclaimer (Clause 8.3) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 2526) [Drafting note: Recipient to specify any Recipient Confidential Information (including the duration of confidentiality) to be provided under the Agreement. This information can only be disclosed by ARENA in accordance with clause 26, which includes disclosure specified or contemplated in the Knowledge Sharing Plan. If Recipient Confidential Information is addressed in the KSP, insert “As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan”.] Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 3738) ARENA: Director, Portfolio Contract Management Services ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address complete. Insert name and position of person authorised to receive notices and other communicationsemail address] [Drafting note: Recipient to complete. A Insert relevant street address (not PO Box) must be included for purposes of hand deliverydelivery and email. Note that service cannot be facsimile or pre-paid post.] 1Duration 1 Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) undertake the Project in accordance with this Agreement;
(b) use reasonable endeavours to achieve the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharingProject
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j14.1(l)) Workers’ Workers compensation in accordance with relevant State or Territory legislation; legislation Public liability insurance for a minimum amount of [insert amount]; $10,000,000 per occurrence Professional indemnity insurance or errors and omissions insurance for a minimum amount of $5,000,000 per occurrence [insert amount]; and [insert any Per Returnable Schedule - other insurances relevant to cover the risks appropriate for nature of the Project]. [Drafting note: Recipient to insert limits Activity] Acknowledgement of liability and list any other insurances as may be required to cover any Project risk(s) Support (e.g. construction and property insurances, etc.). While ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure appropriate insurances are in place (and limits of liability) to cover any risks of the Project, with third party advice on insurances procured by the Recipient if required.]
1Clause 17.1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statementstatement in any media or collateral associated with the Activity: This Project Activity received funding from the Australian Renewable Energy Agency (ARENA) ARENA as part of ARENA's Driving Research and Development Program – Renewable Hydrogen for Export [insert the Nation Program. Signage [Optional clause] [Drafting note: Insert the below following signage clause if ARENA requires signage outside the Project site or facility. Generally, this clause facility at which the Activity is only required for demonstration and / or deployment Projects.undertaken] Signage The Recipient must also acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project Activity is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) ARENA for [insert Project Activity title] as part of ARENA's Driving the Nation Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1Research and Development Program Disclaimer (Clause 17.4) The Recipient must include the following statement on any published material in relation to the ProjectActivity: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. herein Recipient Confidential Information (Clause 2518) [Specify information of the Recipient which is confidential and the duration of confidentiality (if known) - under the Agreement, this information can only be disclosed by ARENA in accordance with clause 18.2 (which includes as specified or contemplated in the Knowledge Sharing Plan (KSP)). If addressed in the KSP, insert “As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan”] Address for invoices (clause 5.5(a)) Project Manager Australian Renewable Energy Agency ▇▇▇ ▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37) ARENA: DirectorClient Manager, Portfolio Management Projects Delivery and email address: ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to Per Returnable Schedule - insert name, email address name and position of person authorised to receive notices notices] Delivery and other communications. A street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.email address: [Per Returnable Schedule - insert] 1Duration Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient Recipient to undertake the Project Activity Subject to the terms of this Agreement, the Recipient must:
(a) : undertake the Project Activity and achieve the Outcomes; progress the Activity in a timely and expeditious manner (without limiting its other obligations under this clause 2.1); meet the completion dates for the Milestones listed in item 2.2 of Schedule 1, or such other time as agreed between the parties; and complete the Activity by the Activity Completion Date. The Recipient must not commence any work in respect of the Activity until the preconditions set out in item 1.3 of Schedule 1 (if any) have been satisfied. The Recipient must: promptly notify ARENA, in writing, of any delay or anticipated delay to the progress of the Activity or achievement of a Milestone, providing the reason for the delay, the anticipated impact on the Activity and steps the Recipient is taking or will take to overcome the delay; and keep ARENA updated as to the status of any such notified delay. Knowledge sharing The Recipient must: in consultation with ARENA, implement and comply with the Knowledge Sharing Plan; ensure the delivery of the Knowledge Sharing Deliverables; and as reasonably required by ARENA, participate in relevant meetings, conferences, seminars, workshops, surveys and interviews, deliver presentations and provide briefings to the ARENA Board and ARENA staff and other relevant industry forums on Activity progress and achievement of the Outcomes. It is the Recipient’s responsibility to ensure that any Activity documentation or information (including any reports) prepared for public release does not contain any Recipient Confidential Information. The Recipient must categorise the documentation and information it provides to ARENA pursuant to the Knowledge Sharing Plan as follows: public unrestricted: information that may be shared freely within ARENA, with industry participants, and with the public in general; public restricted: information that may be shared freely within ARENA, with industry participants, and with the public in general, subject to any reasonable restrictions specified in the Knowledge Sharing Plan; and Recipient Confidential Information: information that may be shared in accordance with clause 18. ARENA Funding Subject to this Agreement, including satisfaction of the Payment Criteria, ARENA will pay the ARENA Funding to the Recipient in accordance with item 2.2 of Schedule 1. Notwithstanding any other provision of this Agreement, ARENA's total liability under or in connection with this Agreement, including all ARENA Funding paid or payable, will not exceed an amount equal to the ARENA Funding. ARENA may set-off any money due for payment by ARENA to the Recipient under this Agreement against any money due for payment by the Recipient to ARENA under this Agreement or any other agreement between the parties under which ARENA provides funding to the Recipient. Funds Payment Request and Payment Criteria Upon achievement of a Milestone in accordance with item 2.2 of Schedule 1 and satisfaction of the Payment Criteria as set out at clause 5.3, the Recipient may submit a request for payment of ARENA Funding, in the form of a Funds Payment Request. Subject to this Agreement, if the Recipient has satisfied the Payment Criteria for a payment the subject of a Funds Payment Request, ARENA must make payment within 30 days after receiving a valid Funds Payment Request, into the account nominated by the Recipient. The Recipient must satisfy the following Payment Criteria as a condition precedent to payment of ARENA Funding: submission of an invoice which complies with the requirements set out in clause 5.4, together with the Funds Payment Request; provision of any report due to be provided before the date for payment in accordance with item 3.1 of Schedule 1 and ARENA’s acceptance of that report; provision of all Knowledge Sharing Deliverables due to be provided before the date for payment, and ARENA’s acceptance of that report; achievement of any Milestone due to be achieved (including provision of any Milestone deliverables due to be provided) and provision of a Milestone Report to ARENA, and ARENA’s acceptance of that report; in respect of the final payment due under this Agreement, submission of the Final Report to ARENA, and ARENA’s acceptance of that report; the Recipient has provided a statement of income and expenditure for the ARENA Funding, certified by an authorised officer of the Recipient; and subject to any waiver by ARENA (in its absolute discretion), the Recipient does not have unspent ARENA Funding in its bank account in excess of the amount specified in item 13 of the Activity Details; [insert any other preconditions to payment of ARENA Funding]. An invoice must, in order to be correctly rendered: be accompanied by a Funds Payment Request; meet the requirements of a tax invoice as set out in the GST Law; be in a form approved by ARENA; and set out: the agreement number and Activity title; and the amount of funding to be paid by ARENA together with the supporting documentation and other evidence specified in this clause 5. The Recipient must: submit invoices to the address listed in item 22 of the Activity Details; and cooperate with any request by ARENA with respect to invoicing and payment where ARENA advises that it is moving to a different payment system. Bank account ledger The Recipient must maintain a separate bank account ledger containing full details of funds received from ARENA under this Agreement and subsequent withdrawal or transfer of those funds. Use of ARENA Funding The Recipient must use the ARENA Funding only: for the Activity; for Eligible Expenditure; as provided in the Budget (as may be varied under this Agreement); and in accordance with the terms and conditions set out in this Agreement. Without limiting clause 10, the Recipient must not spend more than 10% of the ARENA Funding on Overseas Expenditure, other than for equipment or materials, unless otherwise agreed in writing by ARENA. Contributions With the exception of the ARENA Funding, the Recipient is responsible for providing or securing all funds and resources, and bearing all costs, necessary to complete the Activity (including on account of cost overruns). Unless otherwise agreed in writing: the Recipient Contributions must be provided and used for the Activity in accordance with the timeframe in item 2.3 of Schedule 1; and the Recipient must ensure that any Other Contributions are provided and used for the Activity in accordance with item 2.4 and/or 2.5 of Schedule 1. The Recipient must provide written notice to ARENA as soon as practicable if the Recipient Contributions and/or Other Contributions provided and used for the Activity in accordance with items 2.3, 2.4 and 2.5 of Schedule 1 are increased. Variations Subject to clause 10, no agreement or understanding varying the terms of this Agreement is legally binding upon either party unless the agreement or understanding is in writing and signed by both parties. Minor Variations ARENA may, by written notice, direct a Minor Variation; or agree to a written request for a Minor Variation by the Recipient, which must set out the details of the proposed variation and the impact the proposed variation will have on the Activity. ARENA must act reasonably in: directing a Minor Variation; and considering the Recipient's request under clause 10.1(b), with written reasons to be provided if the request is rejected. For the avoidance of doubt, variations that are not Minor Variations must be made in accordance with clause 9. Changes to the Budget Notwithstanding clause 10.1(b), the Recipient is not required to seek a variation for changes to the Budget unless: the value of an item of expenditure or quantum of the Budget increases or decreases by more than the percentage set out in item 12 of the Activity Details; or the variation increases the amount allocated to Overseas Expenditure by more than 10% of the ARENA Funding. Reporting and plans The Recipient must provide: the reports at the times specified in item 3.1 of this Schedule 1 and in the form and substance satisfactory to ARENA (including details of any Knowledge Sharing Deliverables in accordance with the Knowledge Sharing Plan); reports or any other information as reasonably required by ARENA from time to time at the time and in the manner reasonably required by ARENA in relation to any significant developments concerning the Activity or any significant delays or difficulties encountered in undertaking the Activity; and in the event this Agreement is terminated by ARENA as a result of the Recipient abandoning the Activity or being unable to complete the Activity due to technical or commercial feasibility reasons, within 20 Business Days after the termination, a report for public release explaining the reasons for such termination and the information, knowledge and lessons learned (both positive and negative) by the Recipient, its Personnel or subcontractors from the Activity. Within 30 days of receiving a report, ARENA may: accept the report, if it considers acting reasonably that the report satisfies all the requirements set out under item 3.1 of Schedule 1; or reject a report, if it considers acting reasonably that the report does not satisfy all the requirements set out under item 3.1of Schedule 1. If rejected, ARENA must provide reasons for the rejection, and the Recipient must, within 14 days, reissue the report in a form that addresses the reasons for the earlier rejection. Within 30 days of the reissued report, ARENA may accept or reject the report in accordance with this clause 12.2. Representations and warranties The Recipient represents and warrants that: (transaction permitted): it will not be breaching any Law, Authorisation or agreement by signing and performing this Agreement;
; (bno misleading information): all information provided to ARENA (including in the Application) is true, correct and complete in all material respects and is not misleading; (conflicts of interest): to the best of its knowledge after making diligent inquiry, and except as otherwise disclosed to ARENA, no conflict of interest exists or is likely to arise in the performance of its obligations under this Agreement; (employee entitlements): it is not subject to any judicial decision against it relating to employee entitlements (not including decisions under appeal) where it has not paid the claim; (Licensed Materials): to the best of its knowledge after making diligent enquiries, the Licensed Materials and ARENA's use reasonable endeavours to achieve of the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date Licensed Materials in accordance with clause 15 this Agreement will not infringe the Intellectual Property Rights or Moral Rights of any person; (Claims for payment);
legal capacity): it has full legal capacity to own its own property, undertake the Activity and enter into this Agreement, and to carry out the transactions that each of these contemplate; (d) satisfy financial capacity): it has, or will have, sufficient funds to complete the requirements Activity; (insolvency): no Insolvency Event has occurred, and there are no reasonable grounds to suspect that an Insolvency Event will occur, in respect of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharingRecipient;
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j16.1(g)) Workers’ Workers compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; and Professional indemnity insurance for a minimum amount of [insert amount]; and [insert any other insurances relevant to cover the risks of the Project]. [Drafting note: Recipient to insert complete. Insert limits of liability and list any other insurances as may be required to cover any Project the risk(s) caused by the Project (e.g. construction and property insurances, etc.). While Note that while ARENA will specify minimum limits of liability for with respect to the above insurances, it is the Recipient’s responsibility to ensure that it has appropriate insurances are in place (and limits of liability) to cover any risks the risk of the Project, with third . Third party advice on insurances should be procured by the Recipient if required.]
1] Acknowledgement of support (Clause 21.1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Driving the Nation Advancing Renewables Program. Signage [Optional clause] [Drafting note: The following signage clause is an optional clause. ARENA to complete. Insert the below following clause if ARENA requires signage outside the Project site or facilityfacility at which the Project is undertaken. Generally, this clause is only required to be included for demonstration and / or deployment Projects.] Signage [Optional clause] The Recipient must also acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Driving the Nation Advancing Renewables Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1Disclaimer (Clause 21.4) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 25) [As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan] Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37) ARENA: Director, Portfolio Management ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address and position of person authorised to receive notices and other communications. A street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.] 1Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) undertake the Project in accordance with this Agreement;
(b) use reasonable endeavours to achieve the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharing
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j16.1(l)) Workers’ Workers compensation in accordance with relevant State or Territory legislation; legislation Public liability insurance for a minimum amount of [insert amount]; ] Professional indemnity insurance for a minimum amount of [insert amount]; and ] [insert any other insurances relevant to cover the risks of the Project]. *Per Returnable Schedule] [Drafting note: Recipient to insert limits of liability and list any other insurances as may be required to cover any Project the risk(s) caused by the Project (e.g. construction and property insurances, etc.). While ARENA will specify minimum limits of liability for the above insurances, it is the Recipient’s responsibility to ensure appropriate insurances are in place (and limits of liability) to cover any risks of the Project, with third party advice on insurances procured by the Recipient if required.]
1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statementstatement in any media or collateral activity associated with the Project: This Project received funding from the Australian Renewable Energy Agency (ARENA) ARENA as part of ARENA's Driving the Nation Program. Signage [Optional clause] Advancing Renewables Program [Drafting note: ARENA to complete. Insert the below following signage clause if ARENA requires signage outside the Project site or facility. Generally, this clause facility at which the Project is only required for demonstration and / or deployment Projects.undertaken] Signage The Recipient must also acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) ARENA for [insert Project title] as part of ARENA's Driving the Nation Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1Advancing Renewables Program Disclaimer (Clause 21.4) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. herein Recipient Confidential Information (Clause 2522) [*Per Returnable Schedule] [Drafting note: specify any Recipient Confidential Information and the duration of confidentiality – under the Agreement, this information can only be disclosed by ARENA in accordance with clause 22 (which includes disclosure specified or contemplated in the Knowledge Sharing Plan (KSP)). If addressed in the KSP, insert “As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan”] Address for Notices and other communications (including, in the case of ARENA, invoices) invoices (Clause 377.5) Director, Contract Management Services Australian Renewable Energy Agency GPO Box 643, Canberra ACT 2601 Email: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ Address for Notices ARENA: Director, Portfolio Contract Management ▇▇▇▇▇ Services Delivery and email address: Level ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street New Acton Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to *Per Returnable Schedule] [insert name, email address name and position of person authorised to receive notices notices] Delivery and other communications. A email address: [insert relevant street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.delivery and email] 1Duration Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) : undertake the Project in accordance with this Agreement;
(b) use reasonable endeavours to and achieve the Outcomes;
; progress the Project in a timely and expeditious manner (c) achieve each Milestone by the relevant Milestone Completion Date in accordance with without limiting its other obligations under this clause 15 (Claims for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing2.1); and
(e) meet the completion dates for the Milestones listed in item 1.4 of Schedule 1; and complete the Project by the Final Milestone Project Completion Date. 3Knowledge sharing[Drafting note: Insert any conditions that must be complied with prior to commencing particular aspects of the Project. This could include obtaining relevant licences, or provision of documents such as a Risk Management Plan as set out in item 3.2 of Schedule 1 to ARENA’s satisfaction.] The Recipient must not commence any [substantial construction] work in respect of the Project until the Recipient has provided to ARENA, in a form and substance satisfactory to ARENA: a Risk Management Plan; and a Community Consultation Plan, in accordance with item 3.2 of Schedule 1. The Recipient must: promptly notify ARENA, in writing, of any delay or anticipated delay to the progress of the Project or achievement of a Milestone; providing the reason for the delay, the anticipated impact on the Project, and steps the Recipient is taking or will take to overcome the delay; and keep ARENA updated as to the status of any such notified delay. Conditions Precedent
Appears in 1 contract
Sources: Funding Agreement
OTHER CONTRACT INFORMATION. Insurance requirements (Clause 21.1(j16.1(g)) Workers’ compensation in accordance with relevant State or Territory legislation; Public liability insurance for a minimum amount of [insert amount]; and Professional indemnity insurance for a minimum amount of [insert amount]; and [insert any other insurances relevant to cover the risks of the Project]. [Drafting note: Recipient to insert complete. Insert limits of liability and list any other insurances as may be required to cover any Project the risk(s) caused by the Project (e.g. construction and property insurances, etc.). While Note that while ARENA will specify minimum limits of liability for with respect to the above insurances, it is the Recipient’s responsibility to ensure that it has appropriate insurances are in place (and limits of liability) to cover any risks the risk of the Project, with third . Third party advice on insurances should be procured by the Recipient if required.]
1] Acknowledgement of support (Clause 21.1) Acknowledgement The Recipient must acknowledge the support received from ARENA by including the following statement: This Project received funding from the Australian Renewable Energy Agency (ARENA) as part of ARENA's Driving the Nation Advancing Renewables Program. Signage [Optional clause] [Drafting note: The following signage clause is an optional clause. ARENA to complete. Insert the below following clause if ARENA requires signage outside the Project site or facilityfacility at which the Project is undertaken. Generally, this clause is only required to be included for demonstration and / or deployment Projects.] Signage [Optional clause] The Recipient must also acknowledge the support received from ARENA by placing signage (and where directed, with ARENA’s approved logo) outside the site or facility where the Project is undertaken which includes the following statement: [insert Recipient's name] has received support from the Australian Renewable Energy Agency (ARENA) for [insert Project title] as part of ARENA's Driving the Nation Advancing Renewables Program. The Recipient is requested to consider including a First Nations place acknowledgement if the signage clause applies to the Project.
.1Disclaimer (Clause 21.4) The Recipient must include the following statement on any published material in relation to the Project: The views expressed herein are not necessarily the views of the Australian Government, and the Australian Government does not accept responsibility for any information or advice contained herein. Recipient Confidential Information (Clause 25) [As per Knowledge Sharing Plan] [Drafting note: It is the Recipient’s responsibility to ensure any Recipient Confidential Information is specified in the Knowledge Sharing Plan] Address for Notices and other communications (including, in the case of ARENA, invoices) (Clause 37) ARENA: Director, Portfolio Management ▇▇▇▇▇ ▇, ▇ ▇▇▇▇▇▇▇ ▇▇▇ Street Canberra ACT 2601 ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇.▇▇ The Recipient: [Drafting note: Recipient to insert name, email address and position of person authorised to receive notices and other communications. A street address (not PO Box) must be included for purposes of hand delivery. Note that service cannot be facsimile or pre-paid post.] 1Duration of Agreement This Agreement begins on the Commencement Date and continues until the End Date, unless terminated earlier or extended in accordance with its terms (Term). 2Recipient to undertake the Project Subject to the terms of this Agreement, the Recipient must:
(a) undertake the Project in accordance with this Agreement;
(b) use reasonable endeavours to achieve the Outcomes;
(c) achieve each Milestone by the relevant Milestone Completion Date in accordance with clause 15 (Claims for payment);
(d) satisfy the requirements of the Knowledge Sharing Deliverables by the relevant dates in accordance with clause 3 (Knowledge sharing); and
(e) complete the Project by the Final Milestone Completion Date. 3Knowledge sharing
Appears in 1 contract
Sources: Funding Agreement