Potential Default. For the purposes of this clause Potential Default means any event, thing or circumstance which does not fall within the scope of clause 17 and which likely would: result in delay in meeting any requirement of the Project Plan; result in the Recipient not being able to achieve a Milestone within the timeframe specified in accordance with the Milestone Schedule; or give rise to a right of termination pursuant to clause 19.1 with the giving of notice or the passage of time. The Recipient must notify the Department (in the form of the template provided by the Department if required) immediately upon becoming aware of a Potential Default. If the Department becomes aware of a Potential Default either through the receipt of notice from the Recipient under clause 19.2(b) or by any other means, the Department may provide the Recipient with a written notice setting out the nature of the Potential Default (Notice of Potential Default) any extension of time permitted and any requirements the Department has in relation to the rectification of the Potential Default or reduction in scope of the Project. On receipt of a Notice of Potential Default the Recipient must remedy the Potential Default or, where the Potential Default is not capable of being remedied, prepare a plan for the Department's approval of the actions that the Recipient proposes to take to deal with the impact of the Potential Default (Potential Default Plan). If the Department is not satisfied with the Potential Default Plan or the Recipient subsequently fails to comply with the Potential Default Plan, the Department may by written notice to the Recipient, require the Recipient to immediately suspend dealings with the Funds (in whole or in part) and / or terminate this Agreement in its entirety. No action taken by the Department pursuant to this clause 19.2 will relieve the Recipient from, or alter or affect, the Recipient's liabilities or responsibilities whether under this Agreement or otherwise according to Law or prejudice the Department's rights against the Recipient whether under this Agreement or otherwise according to Law.
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Potential Default. For the purposes of this clause Potential Default means any event, thing or circumstance which does not fall within the scope of clause 17 and which likely would: result in delay in meeting any requirement of the Project a Research Plan; result in the Recipient not being able to achieve a Milestone within the timeframe specified in accordance with the Milestone Schedule; or give rise to a right of termination pursuant to clause 19.1 with the giving of notice or the passage of time. The Recipient must notify the Department (immediately upon becoming aware of a Potential Default and must include the following information, substantially in the form of the template provided by the Department (if required) immediately upon becoming aware any), in its notice: the nature of a and reason for the Potential Default; how the Recipient proposes to rectify the Potential Default; the date on which the Recipient proposes that the Potential Default will be rectified; and any expected impact that the Potential Default may have on an Activity Budget or on the ability to comply with timeframes in the Milestone Schedule or a Research Plan. If the Department becomes aware of a Potential Default either through the receipt of notice from the Recipient under clause 19.2(b) or by any other means, the Department may provide the Recipient with a written notice setting out the nature of the Potential Default (Notice of Potential Default) ), any extension of time permitted and any requirements the Department has in relation to the rectification of the Potential Default or reduction in scope of the ProjectActivity. On receipt of a Notice of Potential Default the Recipient must remedy the Potential Default or, where the Potential Default is not capable of being remedied, prepare a plan for the Department's approval of the actions that the Recipient proposes to take to deal with the impact of the Potential Default (Potential Default Plan). If the Department is not satisfied with the Potential Default Plan or the Recipient subsequently fails to comply with the Potential Default Plan, the Department may by written notice to the Recipient, require the Recipient to immediately suspend dealings with the Funds (in whole or in part) and / or terminate this Agreement in its entirety. No action taken by the Department pursuant to this clause 19.2 will will: relieve the Recipient from, or alter or affect, the Recipient's liabilities or responsibilities whether under this Agreement or otherwise according to Law Law; or prejudice the Department's rights against the Recipient whether under this Agreement or otherwise according to Law.
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Samples: www.communitygrants.gov.au
Potential Default. For the purposes of this clause Potential Default means any event, thing or circumstance which does not fall within the scope of clause 17 and which likely would: result in delay in meeting any requirement of the Project Plan; result in the Recipient not being able to achieve a Milestone within the timeframe specified in accordance with the Milestone Schedule; or give rise to a right of termination pursuant to clause 19.1 with the giving of notice or the passage of time. The Recipient must notify the Department DNP (in the form of the template provided by the Department DNP if required) immediately upon becoming aware of a Potential Default. If the Department DNP becomes aware of a Potential Default either through the receipt of notice from the Recipient under clause 19.2(b) or by any other means, the Department DNP may provide the Recipient with a written notice setting out the nature of the Potential Default (Notice of Potential Default) any extension of time permitted and any requirements the Department DNP has in relation to the rectification of the Potential Default or reduction in scope of the Project. On receipt of a Notice of Potential Default the Recipient must remedy the Potential Default or, where the Potential Default is not capable of being remedied, prepare a plan for the DepartmentDNP's approval of the actions that the Recipient proposes to take to deal with the impact of the Potential Default (Potential Default Plan). If the Department DNP is not satisfied with the Potential Default Plan or the Recipient subsequently fails to comply with the Potential Default Plan, the Department DNP may by written notice to the Recipient, require the Recipient to immediately suspend dealings with the Funds (in whole or in part) and / or terminate this Agreement in its entirety. No action taken by the Department DNP pursuant to this clause 19.2 will relieve the Recipient from, or alter or affect, the Recipient's liabilities or responsibilities whether under this Agreement or otherwise according to Law or prejudice the DepartmentDNP's rights against the Recipient whether under this Agreement or otherwise according to Law. Termination for convenience DNP may, at any time by notice, terminate this Agreement or reduce the scope of the Project and amount of the Funds immediately. Upon receipt of a notice of termination or reduction from DNP pursuant to this clause, the Recipient must cease carrying out the Project to the extent specified in the notice, take all available steps to minimise any Losses resulting from that termination or reduction and continue carrying out those parts of the Project not affected by the notice. Where there has been a termination under this clause 19.3, DNP will only be liable for: costs properly incurred in relation to the Project under this Agreement before the effective date of termination; and reasonable costs incurred by the Recipient and directly attributable to the termination. Where there has been a reduction in the scope of the Project, DNP's liability to the Recipient for payment of the Funds will, unless there is an agreement in writing to the contrary, be reduced in accordance with the reduction in the Project. DNP will not be liable to pay any costs referred to under this clause in an amount which would, in addition to any amounts paid or due, or becoming due, to the Recipient under this Agreement, together exceed the maximum amount of Funds specified in Item 3.1 of the Project Particulars. The Recipient will not be entitled to compensation for loss of prospective profits. The termination of this Agreement under this clause 19.3 does not discharge any right that a party may have for any prior breach of this Agreement. Dealing with Funds on termination or suspension On termination of this Agreement, or for the duration of any suspension of dealings with the Funds, the Recipient must only deal with the Funds in accordance with the directions of DNP and must cease all other dealings with the Funds. The directions of DNP may be given at any time after the termination or during any period of suspension. If DNP does not provide any directions the Recipient must not deal with the Funds. Notices and other communications Service of notices A party giving notice or notifying under this Agreement must do so in English and in writing or by Electronic Communication: directed to the other party’s contact person at the other party’s address (as set out in the Agreement Details and as varied by any notice); and hand delivered or sent by prepaid post or Electronic Communication to that address. Effective on receipt A notice given in accordance with clause 20.1 takes effect when it is taken to be received (or at a later time specified in it), and is taken to be received: if hand delivered, on delivery; if sent by prepaid post, on the second Business Day after the date of posting (or on the seventh Business Day after the date of posting if posted to or from a place outside Australia); or if sent by Electronic Communication, at the time that would be the time of receipt under the Electronic Transactions Xxx 0000 (Cth), but if the delivery, receipt or transmission is not on a Business Day or is after 5.00pm on a Business Day, the notice is taken to be received at 9.00am on the next Business Day. Work, Health and Safety Definitions In this clause 21: Notifiable Incident has the meaning given in section 35 of the WHS Act; Regulator means Comcare; WHS Act means the Work Health and Safety Xxx 0000 (Cth) and any corresponding WHS law within the meaning of section 4 of the WHS Act; WHS Entry Permit Holder has the meaning given in the WHS Act; WHS Laws means the WHS Act and WHS Regulations; and WHS Regulations means the regulations made under the WHS Act. Compliance with laws and our policies The Recipient must in carrying out its obligations under this Agreement, comply, and use reasonable endeavours to ensure that its subcontractors comply, with the provisions of all relevant statutes, regulations, by-laws and requirements of any Commonwealth, State, Territory or local authority including those arising under the WHS Laws in respect of occupational health and safety. The Recipient must, in carrying out its obligations under this Agreement, comply, and use reasonable endeavours to ensure that its subcontractors complies, with any of the DNP’s WHS policies as notified referred to, or made available, by DNP to the Recipient in writing. Notifiable Incidents and contraventions If the Recipient is required by the WHS Act to report a Notifiable Incident to the Regulator arising out of the Project: at the same time, or as soon as is possible in the circumstances, the Recipient must give notice of such incident, and a copy of any written notice provided to the Regulator, to DNP; and the Recipient must provide to DNP, within such time as is specified by DNP, a report detailing the circumstances of the incident, the results of investigations into its cause, and any recommendations or strategies for prevention in the future. The Recipient must inform DNP of the full details of: any suspected contravention of the WHS Laws relating to the Project, within 24 hours of becoming aware of any such suspected contravention; any cessation or direction to cease work relating to the Project, due to unsafe work, immediately upon the Recipient being informed of any such cessation or direction; any workplace entry by a WHS Entry Permit Holder, or an inspector, to any place where the Project is being performed or undertaken, within 24 hours of becoming aware of any such workplace entry; and any proceedings against the Recipient or its officers, or any decision or request by the Regulator given to the Recipient or its officers, under the WHS Laws, within 24 hours of becoming aware of any such proceedings, decision or request.
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Samples: bushblitz.org.au
