SBC Contracts Sample Clauses
The 'SBC Contracts' clause defines the use of standard building contracts (SBC) as the governing agreement for construction projects. It specifies that the terms, conditions, and procedures outlined in the SBC will apply to the relationship between the parties, covering aspects such as payment schedules, variations, and dispute resolution. By referencing the SBC, this clause ensures that both parties operate under a widely recognized and balanced set of rules, reducing ambiguity and minimizing the risk of misunderstandings during the project.
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SBC Contracts. The Company does not exclude or limit the application of any compulsory applicable Laws, including Schedule 2 of the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), where to do so would contravene those Laws or cause any part of this Agreement to be void. If the Agreement is a SBC Contract, then:
15.1 The definition of "Loss" is amended to mean any actual or ascertainable loss, cost, damage, expense, claim, demand, action, proceeding or liability of any kind (including legal costs on an indemnity basis).
15.2 The Company will not be liable for Consequential Loss or indirect Loss, unless the Company had actual knowledge that such loss might be incurred.
15.3 Clauses 2.9, 2.11, 2.12, 3.1, 8.1, 8.5, 10.1, 10.2, 10.3, 11.3, 11.6, 11.7, 11.9, and 12.1 are is amended so that "absolute" is replaced with "reasonable".
15.4 Clauses 4.4 and 4.5 are modified, so that the Customer:
(a) may make a claim against or impose liability upon any Subcontractor; and
(b) is not required to indemnify any Subcontractor from and against any Loss, to the extent that the claim, liability or Loss was directly caused by, or in connection with, a grossly negligent, unlawful, or willful act or omission by the Subcontractor.
SBC Contracts. If the Agreement is a SBC Contract, then:
14.1 The definition of "Loss" is amended to mean any actual or ascertainable loss, cost, damage, expense, claim, demand, action, proceeding or liability of any kind (including legal costs on an indemnity basis).
14.2 Clause 2.5 is modified, so that neither party may assign its rights or obligations under the Agreement without the written consent of the other party, which consent must not be unreasonably withheld.
14.3 Clause 3.12 is amended so that "absolute" is replaced with "reasonable".
14.4 Clause 6.1 is modified, so that the fees are earned when the corresponding Service is performed or attempted to be performed, or where applicable, the corresponding disbursement is incurred.
14.5 If a variation to a quote or fee under clauses 6.4 or 6.5 is material, where it is reasonably practical, the Company shall give notice to the Customer of that variation.
14.6 If the Customer objects to a variation to a quote or fee under clauses 6.4 or 6.5, but does not provide the Company with acceptable alternative directions in respect of the goods, the Company in its discretion may, deliver, return, store or otherwise deal with the Goods, and the Customer shall be liable for all fees earned and costs incurred by the Company in doing so.
14.7 Clauses 7.4 and 7.5 are modified, so that the Customer:
(a) may make a claim against or impose liability upon any Subcontractor; and
(b) is not required to indemnify any Subcontractor from and against any Loss, to the extent that the claim, liability or Loss was directly caused by, or in connection with, a grossly negligent, unlawful, or wilful act or omission by the Subcontractor.
14.8 Clause 9.2 is modified so that the Company's liability is not excluded to the extent that it was directly caused by or in connection with a a grossly negligent, unlawful, or wilful act or omission by the Company or its employees, agents and contractors.
14.9 Clause 9.4 is modified so that the Company's liability is limited to the lesser of the actual loss suffered by the Customer or the value of the Goods at the time the Goods were received by the Company.
14.10 Clause 9.6 does not apply, and, without limitation to any other clause of the Agreement, the Company will be discharged from liability in relation to any claim:
(a) where the loss to the Customer results from the act of a Subcontractor; and
(1) the Company's right to make a claim against that Subcontractor is subject to time limitations; and
(2) the C...
SBC Contracts. The Company does not exclude or limit the application of any compulsory applicable Laws, including Schedule 2 of the Competition and Consumer Act 2010 (Cth), where to do so would contravene those Laws or cause any part of this Agreement to be void. If the Agreement is a SBC Contract, then:
14.1. The definition of “Loss” is amended to mean any actual or ascertainable loss, cost, damage, expense, claim, demand, action, proceeding or liability of any kind (including legal costs on an indemnity basis).
14.2. Clause 2.5 is modified, so that neither party may assign its rights or obligations under the Agreement without the written consent of the other party, which consent must not be unreasonably withheld.
14.3. Clause 3.12 is amended so that “absolute” is replaced with “reasonable”.
14.4. Clause 6.1 is modified, so that the fees are earned when the corresponding Service is performed or attempted to be performed, or where applicable, the corresponding disbursement is incurred.
14.5. If a variation to a quote or fee under clauses 6.4 or
SBC Contracts. The Company does not exclude or limit the application of any compulsory applicable Laws, including Schedule 2 of the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), where to do so would contravene those Laws or cause any part of this Agreement to be void. If the Agreement is a SBC Contract, then:
14.1 The definition of "Loss" is amended to mean any actual or ascertainable loss, cost, damage, expense, claim, demand, action, proceeding or liability of any kind (including legal costs on an indemnity basis).
SBC Contracts. AWS Customs does not exclude or limit the application of any compulsory applicable Laws, including Schedule 2 of the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), where to do so would contravene those Laws or cause any part of this Agreement to be void. If the Agreement is a SBC Contract, then:
14.1 The definition of "Loss" is amended to mean any actual or ascertainable loss, cost, damage, expense, claim, demand, action, proceeding or liability of any kind (including legal costs on an indemnity basis).
SBC Contracts. The Company does not exclude or limit the application of any compulsory applicable Laws, including Schedule 2 of the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), where to do so would contravene those Laws or cause any part of this Agreement to be void. If the Agreement is a SBC Contract, then:
SBC Contracts. Aurora does not exclude or limit the application of any compulsory applicable Laws, including Schedule 2 of the Competition and Consumer ▇▇▇ ▇▇▇▇ (Cth), where to do so would contravene those Laws or cause any part of this Agreement to be void. If the Agreement is a SBC Contract, then:
14.1 The definition of "Loss" is amended to mean any actual or ascertainable loss, cost, damage, expense, claim, demand, action, proceeding or liability of any kind (including legal costs on an indemnity basis).
14.2 Clause 2.5 is modified, so that neither party may assign its rights or obligations under the Agreement without the written consent of the other party, which consent must not be unreasonably withheld.
14.3 Clause 3.12 is amended so that "absolute" is replaced with "reasonable".
14.4 Clause 6.1 is modified, so that the fees are earned when the corresponding Service is performed or attempted to be performed, or where applicable, the corresponding disbursement is incurred.
14.5 If a variation to a quote or fee under clauses 6.4 or 6.5 is material, where it is reasonably practical, Aurora shall give notice to the Customer of that variation.
14.6 If the Customer objects to a variation to a quote or fee under clauses 6.4 or 6.5, but does not provide Aurora with acceptable alternative directions in respect of the goods, Aurora in its discretion may, deliver, return, store or otherwise deal with the Goods, and the Customer shall be liable for all fees earned and costs incurred by Aurora in doing so.
14.7 Clauses 7.4 and 7.5 are modified, so that the Customer:
(a) may make a claim against or impose liability upon any Subcontractor; and
(b) is not required to indemnify any Subcontractor from and against any Loss, to the extent that the claim, liability or Loss was directly caused by, or in connection with, a grossly negligent, unlawful, or wilful act or omission by the Subcontractor.
14.8 Clauses 9.2 and 9.3 are modified so that Aurora's liability is not excluded to the extent that it was directly caused by or in connection with a grossly negligent, unlawful, or wilful act or omission by Aurora or its employees, agents and contractors.
14.9 Clause 9.6 is modified so that Aurora's liability is limited to the lesser of the actual loss suffered by the Customer or the value of the Goods at the time the Goods were received by Aurora.
14.10 Clause 9.8 does not apply, and, without limitation to any other clause of the Agreement, Aurora will be discharged from liability in relation...
SBC Contracts. If the Agreement is a SBC Contract, then: