Security of Payment Legislation. The Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 12.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 12.2(a) and 12.2(b) on which the Contractor has satisfied the requirements of clause 12.3; and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contract Administrator to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor will not prejudice: the Contract Administrator's ability or power to state in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Commonwealth to the Contractor; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Contract or otherwise at law or in equity. The Contractor agrees that the amount stated in the payment statement as then payable by the Commonwealth to the Contractor under clause 12.4(e) is, subject to clause 12.16, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Contract and which the Contractor is entitled to be paid in respect of the Contract. The Contractor irrevocably chooses the person specified in the Contract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation and to the extent that the relevant Contractor's Activities are to be carried out in: the Northern Territory or Western Austr...
Security of Payment Legislation. The Contractor agrees with the Principal that: a payment claim submitted to the Contract Administrator under clause 11.2 which also purports to be (or is by law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator as agent for the Principal; unless otherwise notified to the Contractor by the Principal in writing, the Contract Administrator will give payment statements and carry out all other functions of the Principal under the relevant Security of Payment Legislation as the agent of the Principal; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clause 11.2(a) and 11.2(b) on which the Contractor has satisfied the requirements of clause 11.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation.
Security of Payment Legislation. The Contractor agrees with the Principal that:
Security of Payment Legislation. This clause 10 applies where the Services under the Purchase Order are carried out in Tasmania and the SOP Act applies. The Contractor agrees that:
a. the time prescribed in clause 9 for the Contractor to submit an invoice is the 'reference date' within the meaning and for the purposes of the SOP Act;
b. in determining the amounts paid previously under the Purchase Order as required by clause 9 Tasmanian Railway may include, in that amount, the following:
i. any amount which has been paid to the Contractor pursuant to the SOP Act;
ii. any amount which has been paid to the Contractor in satisfaction of an adjudication under the SOP Act; and
iii. any amount that has been the subject of a judgment or adjudication certificate within the meaning of the SOP Act; and
c. the Contractor must, promptly and without delay, give Tasmanian Railway a copy of any written communication of whatever nature in relation to the SOP Act that the Contractor receives from a subcontractor or supplier.
Security of Payment Legislation. This clause 10 applies where the Services under the Purchase Order are carried out in Tasmania and the SOP Act applies. The Contractor agrees that:
a. the time prescribed in clause 9 for the Contractor to submit an invoice is the 'reference date' within the meaning and for the purposes of the SOP Act;
b. in determining the amounts paid previously under the Purchase Order as required by clause 9 Tasmanian Railway may include, in that amount, the following:
i. any amount which has been paid to the Contractor pursuant to the SOP Act;
ii. any amount which has been paid to the Contractor in satisfaction of an Conditions, the Special Conditions will prevail to the extent of the inconsistency.
Security of Payment Legislation. The Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator as agent for the Commonwealth; the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth (without affecting the Commonwealth's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses (a) and (b) on which the Contractor has satisfied the requirements of clause 11.3; and
Security of Payment Legislation.
30.1 For the purpose of this clause, a reference to:
30.1.1 A subcontractor: refers to any party engaged by the Supplier to carry out works which forms part of this Plant Hire Agreement; and
30.1.2 The act means, as the case may be:
1. The Building and Construction industry Security of Payment Act (NSW)
2. The Construction Contracts (Security of Payment) Act (NT)
3. The Building and Construction Industry payments Act (Qld)
4. The Building and Construction industry Security of Payment Act (Vic)
5. The Construction Contracts Act (WA)
6. Analogous legislation enacted in any other state or territory of Australia
30.2 Notwithstanding any other provision of this Plant Hire Agreement, the Supplier must:
30.2.1 Immediately give CATCON a copy of any written communication of whatever nature in relation to the Act (including a copy of any adjudication application, notice judgement of debt) as may be amended from time to time, that the Supplier served on any party involved in the project associated with this Purchase Order or which it received from a subcontractor; and
30.2.2 Ensure that each subcontractor gives CATCON a copy of any written communication of whatever nature in relation to the Act that the subcontractor receives from another party.
30.2.3 The Supplier indemnifies CATCON against all claims, losses, actions, damages and cost (including legal cost) and expenses whatsoever arising out of or in connection with:
30.2.3.1 A failure by the Supplier to comply with its obligations under clause 29.3.1
30.2.3.2 A suspension pursuant to the Act by a subcontractor of work which forms part of the Plant Hire Agreement.
30.2.4 The provisions under clause 29.3.2 will survive the expiration or termination of the Plant Hire Agreement.
30.3 If the Supplier suspends the whole or any part of the hire of Equipment or work under the Plant Hire Agreement pursuant to the Act, then to the extent permitted by law:
30.3.1 CATCON shall not be liable for any cost, loss, expense or damage suffered or incurred by the Supplier as a result of such suspension; and
30.3.2 CATCON may direct the Supplier to omit the whole or any part of the suspended hire of the Equipment or work under the Plant Hire Agreement and thereafter provide such Equipment and or undertake such work itself or engage others to carry out the omitted hire of the Equipment and or work.
Security of Payment Legislation. The Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative under clause 10.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Commonwealth's Representative as agent for the Commonwealth; the Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth (without affecting the Commonwealth's right to carry out those functions itself);
Security of Payment Legislation. 1Applicable Law includes any of the following statutes relating to security of payment which may apply to the Contractor, RWE or their respective sub-/contractors, in which case the remainder of this clause 49 applies:
Security of Payment Legislation. The Subconsultant agrees with the Consultant that: a payment claim submitted to the Consultant's Representative under clause 10.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the Consultant's Representative as agent for the Consultant; unless otherwise notified to the Subconsultant by the Consultant in writing, the Consultant's Representative will give payment statements and carry out all other functions of the Consultant under the relevant Security of Payment Legislation as the agent of the Consultant; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 10.2(a) and (b) on which the Subconsultant has satisfied the requirements of clause 10.3(a); and
