Statutory Conditions. 79.1 Notwithstanding any other provision of this Agreement, the Parties agree that: the Provider must, as is relevant, provide the Program Services in accordance with the Act, the Disability Services Guidelines, and the National Standards for Disability Services; and this Agreement must be read subject to the Act. 79.2 The Parties agree that payment of any Fees by the Department to: the Disability Employment Services – Disability Management Service Provider in relation to Disability Employment Services – Disability Management Service Participants, are made pursuant to an arrangement under section 20(1) of the Act; and the Disability Employment Services – Employment Support Service Provider in relation to Disability Employment Services – Employment Support Service Participants, are made by way of a grant under section 12AD of the Act. 79.3 Without limiting the generality of clauses 79.1 and 79.2, the Provider must: have a current Certificate of Compliance on the Agreement Commencement Date; or obtain a Certificate of Compliance for the provision of those Services no later than 12 months from the Agreement Commencement Date, and maintain that certification during the Agreement Term. 79.4 If the Provider breaches clause 79.3, that breach may be treated by the Department as a breach of an essential term of this Agreement which is not capable of remedy. 79.5 The Provider must pay the costs associated with obtaining and maintaining a Certificate of Compliance. 79.6 The Department will make a Reimbursement payment to the Provider up to an amount determined by the Department, at its discretion, in accordance with this clause and any Guidelines, as a contribution towards the certification and surveillance costs associated with the Certificate of Compliance. 79.7 Subject to clause 79.9, the Department will make a certification payment in accordance with clause 79.6 once the Department has received evidence of the Certificate of Compliance from the relevant Certification Body. This payment will only be made once in a three year period. 79.8 Subject to clause 79.9, the Department will make a surveillance payment in accordance with clause 79.6 once the Department has received a completed surveillance audit report to maintain a Certificate of Compliance from the relevant Certification Body. This payment may be made annually. 79.9 The Department will not make a Reimbursement payment to the Provider in relation to a Certificate of Compliance: under clause 79.8, if it has made a certification payment under clause 79.7 within the previous 12 months; or under clauses 79.7 or 79.8, if it has previously made a payment in relation to the relevant certification and surveillance costs pursuant to any other agreement with the Commonwealth.
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Samples: Disability Employment Services Grant Agreement, Disability Employment Services Grant Agreement, Disability Employment Services Grant Agreement
