Common use of SECURITY OF PAYMENT Clause in Contracts

SECURITY OF PAYMENT. ‌ The Contractor acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Contractor must immediately provide to Essential Energy’s Representative a copy of any notice or document: (a) served by the Contractor on Essential Energy under or in connection with the Security of Payment Act; and (b) received by the Contractor from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Contractor and the amount of such payment will be a debt due from the Contractor to Essential Energy. Payment by Essential Energy of any amount under this clause 31(b) will not relieve the Contractor of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract.‌ Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Contractor is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: (c) a suspension pursuant to the Security of Payment Act by a subcontractor to the Contractor of; (d) the Contractor’s failure to pay an amount claimed pursuant to the Security of Payment Act by a subcontractor to the Contractor for; or (e) an adjudication application issued by a subcontractor to the Contractor under the Security of Payment Act in connection with, work which forms part of or is incidental to the work under a Purchase Order Contract.

SECURITY OF PAYMENT. ‌ The Contractor acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Contractor must immediately provide to Essential Energy’s Representative a copy of any notice or document: (a) served by the Contractor on Essential Energy under or in connection with the Security of Payment Act; and (b) received by the Contractor from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Contractor and the amount of such payment will be a debt due from the Contractor to Essential Energy. Payment by Essential Energy of any amount under this clause 31(b) will not relieve the Contractor of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract.‌ Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Contractor is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: (c) a suspension pursuant to the Security of Payment Act by a subcontractor to the Contractor of; (d) the Contractor’s failure to pay an amount claimed pursuant to the Security of Payment Act by a subcontractor to the Contractor for; or (e) an adjudication application issued by a subcontractor to the Contractor under the Security of Payment Act in connection with, work which forms part of or is incidental to the work under a Purchase Order Contract.

SECURITY OF PAYMENT. ‌ The Contractor acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Contractor must immediately provide to Essential Energy’s Representative a copy of any notice or document: (a) : served by the Contractor on Essential Energy under or in connection with the Security of Payment Act; and (b) and received by the Contractor from any third party in connection with the Project where that notice notice, or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Contractor and the amount of such payment will be a debt due from the Contractor to Essential Energy. Payment by Essential Energy of any amount under this clause 31(b) 18 will not relieve the Contractor of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract.‌ TCTF Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order TCTF Contract, the Contractor is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: (c) : a suspension pursuant to the Security of Payment Act by a subcontractor or a sub-consultant to the Contractor of; (d) ; the Contractor’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-consultant or subcontractor to the Contractor for; or (e) or an adjudication application issued by a sub-consultant or subcontractor to the Contractor under the Security of Payment Act in connection with, work which forms part of or is incidental to the work under a Purchase Order ContractServices.

SECURITY OF PAYMENT. ‌ The Contractor Service Provider acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Contractor Service Provider must immediately provide to Essential Energy’s Representative a copy of any notice or document: (a) : served by the Contractor Service Provider on Essential Energy under or in connection with the Security of Payment Act; and (b) and received by the Contractor Service Provider from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Contractor Service Provider and the amount of such payment will be a debt due from the Contractor Service Provider to Essential Energy. Payment by Essential Energy of any amount under this clause 31(b) 19 will not relieve the Contractor Service Provider of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract.‌ Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Contractor Service Provider is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: (c) : a suspension pursuant to the Security of Payment Act by a subcontractor or a sub-consultant to the Contractor Service Provider of; (d) ; the ContractorService Provider’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-consultant or subcontractor to the Contractor Service Provider for; or (e) or an adjudication application issued by a sub-consultant or subcontractor to the Contractor Service Provider under the Security of Payment Act in connection with, work which forms part of or is incidental to the work under a Purchase Order ContractServices.

SECURITY OF PAYMENT. ‌ The Contractor Supplier acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Contractor Supplier must immediately provide to Essential Energy’s Representative a copy of any notice or document: (a) served by the Contractor Supplier on Essential Energy under or in connection with the Security of Payment Act; and (b) received by the Contractor Supplier from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Contractor Supplier and the amount of such payment will be a debt due from the Contractor Supplier to Essential Energy. Payment by Essential Energy of any amount under this clause 31(b) will 30(b)will not relieve the Contractor Supplier of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract.‌ Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Contractor Supplier is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: (c) a suspension pursuant to the Security of Payment Act by a sub-supplier or subcontractor to the Contractor Supplier of; (d) the ContractorSupplier’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-supplier or subcontractor to the Contractor forSupplier; or (e) an adjudication application issued by a sub-supplier or subcontractor to the Contractor Supplier under the Security of Payment Act in connection with, work which forms part of or is incidental to the work under a Purchase Order Contract.

SECURITY OF PAYMENT. ‌ The Contractor Service Provider acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Contractor Service Provider must immediately provide to Essential Energy’s Representative a copy of any notice or document: (a) served by the Contractor Service Provider on Essential Energy under or in connection with the Security of Payment Act; andand‌ (b) received by the Contractor Service Provider from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Contractor Service Provider and the amount of such payment will be a debt due from the Contractor Service Provider to Essential Energy. Payment by Essential Energy of any amount under this clause 31(b) 19 will not relieve the Contractor Service Provider of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract.‌ Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Contractor Service Provider is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with:with:‌ (c) a suspension pursuant to the Security of Payment Act by a subcontractor or a sub-consultant to the Contractor Service Provider of; (d) the ContractorService Provider’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-consultant or subcontractor to the Contractor Service Provider for; or (e) an adjudication application issued by a sub-consultant or subcontractor to the Contractor Service Provider under the Security of Payment Act in connection with, with,‌ work which forms part of or is incidental to the work under a Purchase Order ContractServices.