Common use of Supplier must Clause in Contracts

Supplier must. (i) deliver the Goods or perform Work or Services using due care, skill and diligence; (ii) ensure the Goods or Work or Services meet the specifications specified in the Order; (iii) ensure the Goods or Work or Services are fit for the purposes for which goods, work or services of a similar nature to the Goods or Work or Services are commonly supplied and for any other purposes notified by Port Authority; (iv) ensure that the Goods or Work or Services supplied, if software or data, do not contain any harmful code (such as viruses or other malicious code); (v) in providing any Work or Services: (A) ensure that it is suitably qualified and experienced in the performance of Work or Services similar to the Work or Services; and (B) provide the Work or Services in accordance with any requirements specified in the Order; (vi) do and perform all such other acts, matters and things as may be necessary or convenient to give effect to the intentions of the parties as expressed in the Agreement; (vii) comply with Port Authority’s reasonable directions, instructions, procedures and policies, whether such procedures and policies are specifically drawn to the attention of Supplier or as might reasonably be inferred from the circumstances, including the Supplier Code of Conduct available for download at the Port Authority website (as updated, amended or replaced from time to time); (viii) maintain at Supplier's own expense all equipment and supplies necessary to enable Supplier to discharge Supplier's responsibilities under the Agreement; (ix) as soon as practicable after becoming aware of any matter or circumstances which may adversely affect the Delivery of the Goods or Work or Services, give written notice to Port Authority detailing the matter or circumstances and its anticipated effect on the Goods or Work or Services; (x) obtain all licenses, approvals and consents necessary to perform its obligations under the Agreement; (xi) comply with all applicable laws and standards (including laws relating to the environment and, where the Goods are being delivered by road, all laws relating to fatigue management, speed and mass, dimension and load restraint compliance requirements (generally referred to as “Chain of Responsibility” laws or “Heavy Vehicle” laws)); (xii) not sell or otherwise part with possession, custody or control of, nor encumber with any registered or unregistered charge, lien, mortgage, security (including a security interest under the Personal Property Securities Xxx 0000 (Cth)): (A) the Goods upon title passing to Port Authority in accordance with the Agreement; or (B) Port Authority Equipment at any time except in accordance with the prior written consent of Port Authority; (xiii) carry out all tests necessary to ensure the Goods or Work or Services (as applicable) comply with the requirements of the Agreement;

Supplier must. (i) deliver the Goods or perform Work or Services using due care, skill and diligence; (ii) ensure the Goods or Work or Services meet the specifications specified in the OrderOrder or (where applicable) pursuant to any variation under clause 10 of these Conditions; (iii) ensure the Goods or Work or Services are fit for the purposes for which goods, work or services Services of a similar nature to the Goods or Work or Services are commonly supplied and for any other purposes notified by Port Authority; (iv) ensure that the Goods or Work or Services supplied, if software or data, do not contain any harmful code (such as viruses or other malicious code); (v) in providing any Work or Services: (A) ensure that it is suitably qualified and experienced in the performance of Work or Services similar to the Work or Services; and (B) provide the Work or Services in accordance with any requirements specified in the Order; (vi) do and perform all such other acts, matters and things as may be necessary or convenient to give effect to the intentions of the parties as expressed in the Agreement; (vii) comply with Port Authority’s reasonable directions, instructions, procedures and policies, whether such procedures and policies are specifically drawn to the attention of Supplier or as might reasonably be inferred from the circumstances, including the Supplier Code of Conduct available for download at the Port Authority website (as updated, amended or replaced from time to time); (viii) maintain at Supplier's own expense all equipment and supplies necessary to enable Supplier to discharge Supplier's responsibilities under the Agreement; (ix) as soon as practicable after becoming aware of any matter or circumstances which may adversely affect the Delivery of the Goods or Work or Services, give written notice to Port Authority detailing the matter or circumstances and its anticipated effect on the Goods or Work or Services; (x) obtain all licenses, approvals and consents necessary to perform its obligations under the Agreement; (xi) comply with all applicable laws Laws and standards (including laws relating to the environment and, where the Goods are being delivered by road, all laws Laws relating to fatigue management, speed and mass, dimension and load restraint compliance requirements (generally referred to as “Chain of Responsibility” laws or “Heavy Vehicle” laws)); (xii) If the Services involve Construction Works, at all times comply with and meet (and ensure any subcontractors associated with the Services comply with and meet) any obligations imposed by, the New South Wales Industrial Relations Guidelines: Building and Construction Procurement and notify the Construction Compliance Unit (CCU) and Port Authority of any possible non-compliance with the NSW Guidelines, and of remedial action taken, within 24 hours of becoming aware of the possible non-compliance. The Contractor must maintain adequate records of compliance with the NSW Guidelines by it, its subcontractors, consultants and related entities; (xiii) not sell or otherwise part with possession, custody or control of, nor encumber with any registered or unregistered charge, lien, mortgage, security (including a security interest under the Personal Property Securities Xxx 0000 (Cth)): (A) the Goods upon title passing to Port Authority in accordance with the Agreement; or (B) Port Authority Equipment at any time except in accordance with the prior written consent of Port Authority; (xiiixiv) carry out all tests necessary to ensure the Goods or Work or Services (as applicable) comply with the requirements of the Agreement; (xv) only use Port Authority Equipment: (A) for the sole purpose of performing the Services; (B) in accordance with any directions of Port Authority; and (C) in the manner in which and for the purpose that it was designed; (xvi) take all reasonable care of Port Authority Equipment in its possession, custody or control; (xvii) keep all Port Authority Equipment in its possession, custody or control secure and in good order and condition; (xviii) return any Port Authority Equipment in its possession, custody or control to Port Authority on the earliest of: (A) Delivery of all Services the subject of the Order; (B) termination of the Agreement in accordance with its terms; and (C) within 7 days of a request by Port Authority (or any later time agreed by Port Authority); and (xix) not alter any Goods, any Port Authority Equipment or Services in any way, unless otherwise approved by Port Authority.

Supplier must. (i) deliver the Goods or perform Work or Services using due care, skill and diligence; (ii) ensure the Goods or Work or Services meet the specifications specified in the Order; (iii) ensure the Goods or Work or Services are fit for the purposes for which goods, work goods or services of a similar nature to the Goods or Work or Services are commonly supplied and for any other purposes notified by Port Authority; (iv) ensure that the Goods or Work or Services supplied, if software or data, do not contain any harmful code (such as viruses or other malicious code); (v) in providing any Work or Services: (A) ensure that it is suitably qualified and experienced in the performance of Work or Services services similar to the Work or Services; and (B) provide the Work or Services in accordance with any requirements specified in the Order; (vi) do and perform all such other acts, matters and things as may be necessary or convenient to give effect to the intentions of the parties as expressed in the Agreement; (vii) comply with Port Authority’s reasonable directions, instructions, procedures and policies, whether such procedures and policies are specifically drawn to the attention of Supplier or as might reasonably be inferred from the circumstances, including the Supplier Code of Conduct available for download at the Port Authority website (as updated, amended or replaced from time to time); (viii) maintain at Supplier's own expense all equipment and supplies necessary to enable Supplier to discharge Supplier's responsibilities under the Agreement; (ix) as soon as practicable after becoming aware of any matter or circumstances which may adversely affect the Delivery of the Goods or Work or Services, give written notice to Port Authority detailing the matter or circumstances and its anticipated effect on the Goods or Work or Services; (x) obtain all licenses, approvals and consents necessary to perform its obligations under the Agreement; (xi) comply with all applicable laws and standards (including laws relating to the environment and, where the Goods are being delivered by road, all laws relating to fatigue management, speed and mass, dimension and load restraint compliance requirements (generally referred to as “Chain of Responsibility” laws or “Heavy Vehicle” laws)); (xii) not sell or otherwise part with possession, custody or control of, nor encumber with any registered or unregistered charge, lien, mortgage, security (including a security interest under the Personal Property Securities Xxx 0000 (Cth)): (A) the Goods upon title passing to Port Authority in accordance with the Agreement; or (B) Port Authority Equipment at any time except in accordance with the prior written consent of Port Authority; (xiii) carry out all tests necessary to ensure the Goods or Work or Services (as applicable) comply with the requirements of the Agreement;

Supplier must. (i) deliver the Goods or perform Work or Services using due care, skill and diligence; (ii) ensure the Goods or Work or Services meet the specifications specified in the Order; (iii) ensure the Goods or Work or Services are fit for the purposes for which goods, work or services of a similar nature to the Goods or Work or Services are commonly supplied and for any other purposes notified by Port Authority; (iv) ensure that the Goods or Work or Services supplied, if software or data, do not contain any harmful code (such as viruses or other malicious code); (v) in providing any Work or Services: (A) ensure that it is suitably qualified and experienced in the performance of Work or Services similar to the Work or Services; and (B) provide the Work or Services in accordance with any requirements specified in the Order; (vi) do and perform all such other acts, matters and things as may be necessary or convenient to give effect to the intentions of the parties as expressed in the Agreement; (vii) comply with Port Authority’s reasonable directions, instructions, procedures and policies, whether such procedures and policies are specifically drawn to the attention of Supplier or as might reasonably be inferred from the circumstances, including the Supplier Code of Conduct available for download at the Port Authority website (as updated, amended or replaced from time to time); (viii) maintain at Supplier's own expense all equipment and supplies necessary to enable Supplier to discharge Supplier's responsibilities under the Agreement; (ix) as soon as practicable after becoming aware of any matter or circumstances which may adversely affect the Delivery of the Goods or Work or Services, give written notice to Port Authority detailing the matter or circumstances and its anticipated effect on the Goods or Work or Services; (x) obtain all licenses, approvals and consents necessary to perform its obligations under the Agreement; (xi) comply with all applicable laws and standards (including laws relating to the environment and, where the Goods are being delivered by road, all laws relating to fatigue management, speed and mass, dimension and load restraint compliance requirements (generally referred to as “Chain of Responsibility” laws or “Heavy Vehicle” laws)); (xii) not sell or otherwise part with possession, custody or control of, nor encumber with any registered or unregistered charge, lien, mortgage, security (including a security interest under the Personal Property Securities Xxx 0000 Act 2009 (Cth)): (A) the Goods upon title passing to Port Authority in accordance with the Agreement; or (B) Port Authority Equipment at any time except in accordance with the prior written consent of Port Authority; (xiii) carry out all tests necessary to ensure the Goods or Work or Services (as applicable) comply with the requirements of the Agreement;

Supplier must. (i) deliver the Goods or perform Work or Services using due care, skill and diligence; (ii) ensure the Goods or Work or Services meet the specifications specified in the OrderOrder or (where applicable) pursuant to any variation under clause 10 of these Conditions; (iii) ensure the Goods or Work or Services are fit for the purposes for which goods, work or services Services of a similar nature to the Goods or Work or Services are commonly supplied and for any other purposes notified by Port Authority; (iv) ensure that the Goods or Work or Services supplied, if software or data, do not contain any harmful code (such as viruses or other malicious code); (v) in providing any Work or Services: (A) ensure that it is suitably qualified and experienced in the performance of Work or Services similar to the Work or Services; and (B) provide the Work or Services in accordance with any requirements specified in the Order; (vi) do and perform all such other acts, matters and things as may be necessary or convenient to give effect to the intentions of the parties as expressed in the Agreement; (vii) comply with Port Authority’s reasonable directions, instructions, procedures and policies, whether such procedures and policies are specifically drawn to the attention of Supplier or as might reasonably be inferred from the circumstances, including the Supplier Code of Conduct available for download at the Conduct. Port Authority website (as updated, amended will endeavour to provide reasonable notice of changes in policies or replaced from time procedures which will impact the Supplier’s delivery of the Goods or performance of the Services and otherwise make the policies and procedures available to time)the Supplier; (viii) maintain at Supplier's own expense all equipment and supplies necessary to enable Supplier to discharge Supplier's responsibilities under the Agreement; (ix) as soon as practicable after becoming aware of any matter or circumstances which may adversely affect the Delivery of the Goods or Work or Services, give written notice to Port Authority detailing the matter or circumstances and its anticipated effect on the Goods or Work or Services; (x) obtain all licenses, approvals and consents necessary to perform its obligations under the Agreement; (xi) comply with all applicable laws Laws and standards (including laws relating to the environment and, where the Goods are being delivered by road, all laws Laws relating to fatigue management, speed and mass, dimension and load restraint compliance requirements (generally referred to as “Chain of Responsibility” laws or “Heavy Vehicle” laws)); (xii) If the Services involve Construction Works, at all times comply with and meet (and ensure any subcontractors associated with the Services comply with and meet) any obligations imposed by, the New South Wales Industrial Relations Guidelines: Building and Construction Procurement and notify the Construction Compliance Unit (CCU) and Port Authority of any possible non-compliance with the NSW Guidelines, and of remedial action taken, within 24 hours of becoming aware of the possible non-compliance. The Contractor must maintain adequate records of compliance with the NSW Guidelines by it, its subcontractors, consultants and related entities; (xiii) not sell or otherwise part with possession, custody or control of, nor encumber with any registered or unregistered charge, lien, mortgage, security (including a security interest under the Personal Property Securities Xxx 0000 Act 2009 (Cth)): (A) the Goods upon title passing to Port Authority in accordance with the Agreement; or (B) Port Authority Equipment at any time except in accordance with the prior written consent of Port Authority; (xiiixiv) carry out all tests necessary to ensure the Goods or Work or Services (as applicable) comply with the requirements of the Agreement; (xv) only use Port Authority Equipment: (A) for the sole purpose of performing the Services; (B) in accordance with any directions of Port Authority; and (C) in the manner in which and for the purpose that it was designed; (xvi) take all reasonable care of Port Authority Equipment in its possession, custody or control; (xvii) keep all Port Authority Equipment in its possession, custody or control secure and in good order and condition; (xviii) return any Port Authority Equipment in its possession, custody or control to Port Authority on the earliest of: (A) Delivery of all Services the subject of the Order; (B) termination of the Agreement in accordance with its terms; and (C) within 7 days of a request by Port Authority (or any later time agreed by Port Authority); and (xix) not alter any Goods, any Port Authority Equipment or Services in any way, unless otherwise approved by Port Authority.