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.
POPULAR SAMPLE Copied 1 times
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.
View SourceView Similar (3)
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...
View SourceView Similar (31)
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
View Source
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).
View Source
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).
View Source
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:
View Source
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...
View Source
SBC Contracts. If the Agreement is a SBC Contract, then:
View Source

Related to SBC Contracts

  • SUB-CONTRACTS (a) The Administrator may sub-contract or delegate the performance of all or any of its powers and obligations under this Agreement, provided that (but subject to Clause 3.2(b) herein): (i) the prior written consent of the Mortgages Trustee and Funding to the proposed arrangement (including, if Funding considers it necessary after consulting with the Security Trustee, approving any contract which sets out the terms on which such arrangements are to be made) has been obtained, the Security Trustee has been consulted and notification has been given to each of the Rating Agencies; (ii) where the arrangements involve the custody or control of any Mortgage Loan Files and/or Title Deeds relating to the Mortgage Portfolio for the purpose of performing any delegated Services, the sub-contractor or delegate has executed an acknowledgement in writing acceptable to Funding and the Security Trustee to the effect that any such Mortgage Loan Files and/or Title Deeds are and will be held to the order of the Mortgages Trustee (as trustee for the Beneficiaries); (iii) where the arrangements involve or may involve the receipt by the sub-contractor or delegate of monies belonging to the Beneficiaries which, in accordance with this Agreement, are to be paid into the relevant Collection Account, the sub-contractor or delegate has executed a declaration in writing acceptable to the Beneficiaries that any such monies held by it or to its order are held on trust for the Beneficiaries and will be paid forthwith into the relevant Collection Account in accordance with the terms of the Mortgages Trust Deed; (iv) any such sub-contractor or delegate has executed a written waiver of any Security Interest arising in connection with such delegated Services (to the extent that such Security Interest relates to the Mortgage Portfolio or any amount referred to in (iii) above); and (v) neither the Mortgages Trustee, the Security Trustee nor the Beneficiaries shall have any liability for any costs, charges or expenses payable to or incurred by such sub-contractor or delegate or arising from the entering into, the continuance or the termination of any such arrangement. (b) The provisos to Clause 3.2(a) (i), (ii) and (iii) herein shall not apply: (i) to the engagement by the Administrator of: (1) any receiver, solicitor, insurance broker, valuer, surveyor, accountant, estate agent, insolvency practitioner, auctioneer, bailiff, debt counsellor, tracing agent, property management agent, licensed or qualified conveyancer or other professional adviser acting as such; or (2) any locksmith, builder or other contractor acting as such in relation to a Mortgaged Property, in any such case being a person or persons whom the Administrator would be willing to appoint in respect of its own mortgages in connection with the performance by the Administrator of any of its obligations or functions or in connection with the exercise of its powers under this Agreement; or (ii) to any delegation to any wholly-owned subsidiary of the Seller from time to time. (c) The Mortgages Trustee and/or Funding and the Security Trustee may require the Administrator to assign to the Mortgages Trustee any rights which the Administrator may have against any sub-contractor or delegate arising from the performance of services by such person in association with any matter contemplated by this Agreement and the Administrator acknowledges that such rights assigned to the Mortgages Trustee will be exercised by the Mortgages Trustee as trustee for the Beneficiaries subject to the terms of the Mortgages Trust Deed. (d) Notwithstanding any sub-contracting or delegation of the performance of the Administrator's obligations under this Agreement: (i) the Administrator shall not thereby be released or discharged from any liability hereunder; (ii) the Administrator shall remain responsible for the performance of the obligations of the Administrator under this Agreement; (iii) the performance or non-performance or the manner of performance of any sub-contractor or delegate of any of the Services shall not affect the Administrator's obligations under this Agreement; (iv) any breach in the performance of the Services by any sub-contractor or delegate shall, subject to the Administrator being entitled for a period of twenty (20) Business Days from receipt of notice of the breach to remedy such breach by any sub-contractor or delegate, be treated as a breach of this Agreement by the Administrator; and (v) the Security Trustee shall have no liability for any act or omission of the sub-contractor or delegate and shall have no responsibility for monitoring or investigating the suitability of any such sub-contractor or delegate.

  • Project Contracts Prior to the delivery of this Lease, the Company may have entered into a contract or contracts with respect to the acquisition and/or construction of the Improvements. Those contracts, and any such contracts entered into by the Company after delivery of this Lease are hereinafter referred to as the “Project Contracts.” Prior to the delivery hereof, certain work has been or may have been performed on the Improvements pursuant to said Project Contracts or otherwise. Subject to the Lender’s rights in the Project Contracts, the Company hereby conveys, transfers and assigns to the Issuer all of the Company’s rights in, but not its obligations under the Project Contracts and the Issuer hereby designates the Company as Issuer’s agent for the purpose of executing and performing the Project Contracts. After the execution hereof, the Company shall cause the Project Contracts to be fully performed by the contractor(s), subcontractor(s) and supplier(s) thereunder in accordance with the terms thereof, and the Company covenants to cause the Improvements to be acquired, constructed and/or completed in accordance with the Project Contracts. Any and all amounts received by the Issuer, the Trustee or the Company from any of the contractors or other suppliers by way of breach of contract, refunds or adjustments shall become a part of and be deposited in the Project Fund.

  • Limited Contracts 1. All bargaining unit members employed in the Bellefontaine City Schools will be employed according to the following procedures: a. All bargaining unit members new to the Bellefontaine City School system shall be hired for one (1) year. b. Upon re-employment after the first contract, the new contract shall be for one (1) year. c. Upon re-employment after the second one-year contract, the unit member's contract shall be for two (2) years. d. Upon re-employment after the first two-year contract, the unit member's contract shall be for three (3) years. e. Upon re-employment after the three-year contract, the unit member's contract shall be for five (5) years and subsequent renewal thereof shall be for five (5) year periods, except that the Board may offer a one-year extended contract before any five (5) year contract if, prior to the expiration of the last contract, a decision based only upon the written evaluation instrument of the system so warrants it. No extended one- year contract may be offered two (2) or more years in succession. f. The Board may grant a continuing contract, provided service and certification/licensure requirements are met by the unit member. g. The usual term of contracts for unit members with continuous service in Bellefontaine shall follow the sequence of one (1) year, one (1) year, two (2) years, three (3) years, five (5) years until eligible for a continuing contract, except as defined in Paragraph e. Effective with the 2007-08 school year, all newly-employed bargaining unit members who are hired with a One-Year Supplemental Teaching License will be limited to a one (1) year contract renewal each year until a multi-year license has been attained. h. A unit member who resigns or is non-renewed and who is subsequently rehired within nine calendar months shall be eligible for multi-year contracts, subject to the provision of paragraph e. i. A unit member who resigns or is non-renewed and who is subsequently rehired after nine calendar months have expired shall not be eligible for multi-year contracts and will be treated as a unit member new to the system. j. This section does not apply to supplemental contracts.