Common use of Termination for fault Clause in Contracts

Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations Xxx 0000 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations Xxx 0000 (Cth); c. proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. another clause of this Agreement allows for termination under this clause 17.2; or g. the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth: a. will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. will be entitled to recover from the Recipient any part of the Funding which: i. is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement.

Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. if it considers that the non-compliance is not capable of remedy - GBRF may by notice terminate this Agreement immediately; b. if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. (a) the Funding Recipient breaches this Agreement and GBRF considers that the breach cannot be rectified; (b) the Funding Recipient does anything which, in the reasonable opinion of GBRF, might negatively impact the image or reputation of GBRF or the Project or is in conflict with the Reef Trust Partnership; or (c) the Funding Recipient breaches this Agreement and does not rectify the breach within 10 Business Days after receiving notice to do so from GBRF; (d) the Funding Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations Xxx 0000 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration); b. (e) the Funding Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and or 459F of the Corporations Xxx 0000 (Cth); c. (f) proceedings are initiated with a view to obtaining an order for winding up the Funding Recipient, or any shareholder, member or director convenes a meeting for resolution of the purpose of considering or passing of any resolution for winding members is passed to wind up the Funding Recipient; d. (g) there is a change in relation the Funding Recipient's control (as defined in section 50AA of the Corporations Act), constitution, structure, management or operations that the Funding Recipient reasonably believes is likely to materially adversely affect the Funding Recipient's ability to perform the Project in accordance with this Agreement, ; (h) the Funding Recipient breaches any law of a Law relating to the Commonwealth of Australia, or performance of a State or TerritoryProject; e. (i) the Funding Recipient becomes bankrupt or enters into a scheme of arrangement with creditorsadvises that it wishes to withdraw from this Agreement; f. (j) another clause of this Agreement allows for a termination under this clause 17.2; or g. the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect20.2: (each, incomplete, false or misleading in a way which would have affected the original decision to approve the FundingTermination Event). 17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth: a. will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. will be entitled to recover from the Recipient any part of the Funding which: i. is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement.

Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations Xxx 0000 Act 2001 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations Xxx 0000 Act 2001 (Cth); c. proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. another clause of this Agreement allows for termination under this clause 17.2; or g. the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth: a. will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. will be entitled to recover from the Recipient any part of the Funding which: i. is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement.

Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. : if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. ; if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. : the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations Xxx 0000 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. ; the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations Xxx 0000 (Cth); c. ; proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. ; in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. ; the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. ; another clause of this Agreement allows for termination under this clause 17.2; or g. or the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth: a. : will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. and will be entitled to recover from the Recipient any part of the Funding which: i. : is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. or has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement. Clause 17.2 does not limit or exclude any of the Commonwealth’s other rights under this Agreement.

Termination for fault. ‌ 17.2.1. If The Department may by notice terminate this Agreement immediately (but without prejudice to any right of action or remedy which either party has or may have) if:‌ a. the Recipient does not comply with fails to fulfil, or is in breach of any of its obligations under this Agreement, then and the Commonwealth: a. if it Department considers that the non-compliance this failure or breach is not capable of remedy - may by notice terminate this Agreement immediatelyremedy; b. if it considers that the non-compliance Recipient fails to fulfil, or is capable in breach of remedy - may, by notice require that the non-compliance be remedied within the time specified in the noticeany of its obligations under this Agreement, and if does not remedied rectify the omission or breach within that time, may terminate 10 Business Days of receiving a notice from the Agreement immediately by giving a second notice.Department to do so; 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. c. the Recipient comes is unable to pay all its debts as and when they become due and payable; d. the Recipient has applied to come under, received a notice requiring it to show cause why it should not come under, or has otherwise come under one of the forms of external administration referred to in Chapter 5 of the Corporations Xxx 0000 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx IslanderXxxxxxxx) Act 2006 Xxx 0000 (Cth) or has an order has been made against it for the purpose of placing it the Recipient under external administration; b. the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations Xxx 0000 (Cth); c. proceedings are initiated with a view to obtaining e. being an order for winding up the Recipientindividual, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. another clause in relation to the Agreement, the Recipient breaches any law of this Agreement allows for termination under this clause 17.2; orthe Commonwealth, or of a State or Territory; g. the Commonwealth Department is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding; or h. the Department exercises any other specific right of termination under the Agreement. 17.2.317.2.2. Where the Commonwealth Department terminates this Agreement under clause 17.2 17.2.1 the CommonwealthDepartment: a. will be liable only to pay Funding for payments due and owing to the Recipient under the payment provisions of the Agreement before as at the date of the notice of terminationnotice; and b. will be entitled to recover from the Recipient any part of the Funding which: i. is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. has not, in the CommonwealthDepartment’s opinion, been spent by the Recipient in accordance with the Agreement.

Termination for fault. 17.2.1‌‌ 15.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.215.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations Xxx 0000 Act 2001 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations Xxx 0000 Act 2001 (Cth); c. proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. another clause of this Agreement allows for termination under this clause 17.215.2; or g. the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.315.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 15.2 the Commonwealth: a. will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. will be entitled to recover from the Recipient any part of the Funding which: i. is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement.

Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. : if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. ; if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. : the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations Xxx 0000 Act 2001 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. ; the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations Xxx 0000 Act 2001 (Cth); c. ; proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. ; in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. ; the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. ; another clause of this Agreement allows for termination under this clause 17.2; or g. or the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth: a. : will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. and will be entitled to recover from the Recipient any part of the Funding which: i. : is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. or has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement. Clause 17.2 does not limit or exclude any of the Commonwealth’s other rights under this Agreement.

Termination for fault. 17.2.1. If ‌ 15.2.1 Austrade may by notice terminate this Agreement immediately (but without prejudice to any right of action or remedy which either party has or may have) if:‌ (a) the Recipient does not comply with fails to fulfil, or is in breach of any of its obligations under this Agreement, then the Commonwealth: a. if it and Austrade considers that the non-compliance this failure or breach is not capable of remedy - may by notice terminate this Agreement immediatelyremedy; b. if it considers that (b) the non-compliance Recipient fails to fulfil, or is capable in breach of remedy - mayany of its obligations under this Agreement, and does not rectify the omission or breach within 20 Business Days of receiving a notice from Austrade to do so; (c) the Recipient, by written notice require that to Austrade, withdraws from the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice.Activity; 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. (d) the Recipient comes is unable to pay all its debts as and when they become due and payable; (e) the Recipient has applied to come under, received a notice requiring it to show cause why it should not come under, or has otherwise come under one any of the forms of external administration (whether referred to in Chapter 5 of the Corporations Xxx 0000 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and Xxxxxx Xxxxxx Islander) Act 2006 (Cth) or has otherwise available in the Recipient’s place of incorporation) or an order has been made against it for the purpose of placing it the Recipient under external administration; b. the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations Xxx 0000 (Cth); c. proceedings are initiated with a view to obtaining f) being an order for winding up the Recipientindividual, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. another clause (g) in relation to the Agreement, the Recipient breaches any law of this Agreement allows for termination under this clause 17.2; orthe Commonwealth, or of a State or Territory;‌ g. the Commonwealth (h) Austrade is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding; (i) in Austrade’s opinion, there is credible evidence that the Recipient has breached Commonwealth anti-bribery laws, including the provisions in Division 70 of the Schedule to the Criminal Code Xxx 0000 (Cth); or‌ (j) Austrade exercises any other specific right of termination under the Agreement. 17.2.3. 15.2.2 Where the Commonwealth Austrade terminates this Agreement under clause 17.2 the Commonwealth15.2.1, Austrade: a. (a) will be liable only to pay Funding for payments due and owing to the Recipient under the payment provisions of the Agreement before as at the date of the notice of terminationnotice; and b. (b) will be entitled to recover from the Recipient any part of the Funding which: i. is (i) has not been legally committed for expenditure by the Recipient in accordance with the Agreement and is not payable by the Recipient as a current liability by the date that the notice of termination is received; or (ii. ) has not, in the CommonwealthAustrade’s opinion, been spent by the Recipient in accordance with the Agreement.