Termination with costs. Termination or reduction in scope
60.1 The Department may, at any time by Notice to the Provider, terminate this Agreement, in whole or in part, or reduce the scope of any part, or all of this Agreement, without prejudice to the rights, liabilities, or obligations of either Party accruing before the date on which the termination or reduction takes effect.
60.2 If this Agreement is terminated in whole or in part or reduced in scope under clause 60.1, the Department is only liable for: payment of Fees as set out in clause 60.3; and subject to clauses 60.5, 60.6, 60.7 and 60.8, any reasonable, unavoidable costs actually incurred by the Provider and directly attributable to the termination, in whole or in part, or a reduction in scope of this Agreement.
Termination with costs. Termination or reduction in scope
Termination with costs. 26.1. We may at any time and in Our absolute discretion, by Xxxxxx, terminate this Deed, effective from a date specified in the Notice.
26.2. Subject to clause 26.3, if We terminate the Deed under clause 26.1, We will only be liable for reasonable, unavoidable costs actually incurred and substantiated by You and directly attributable to the termination of the Deed.
26.3. If We exercise Our rights under clause 26.1, We will not be liable for:
(a) loss of prospective profits attributable to the termination;
(b) loss of benefits that would have been conferred upon You, had a termination not occurred;
(c) loss of any unpaid expenses incurred under this Deed that have not been recovered from Seasonal Workers pursuant to this Deed; and
(d) payment of any wages or benefits, that are payable to Seasonal Workers by You.
Termination with costs. 27.1. The Department may, at any time by Notice to the Organisation, terminate this Agreement, without prejudice to the rights, liabilities, or obligations of either Party accruing before the date on which the termination takes effect.
27.2. If this Agreement is terminated under this clause 27, the Department is only liable for Payments which are properly due to the Organisation before the date on which the termination takes effect.
27.3. If this Agreement is terminated under this clause 27, the Department is only liable for:
(a) Payments as set out in clause 27.4; and
(b) subject to clauses 27.6 and 27.7, any reasonable, unavoidable costs actually incurred by the Organisation and directly attributable to the termination, in whole or in part, of this Agreement.
Termination with costs. 19.1. Even if You are not in default, We may terminate this Agreement, or reduce its scope, immediately and at any time by giving You written notice.
19.2. If, under clause 19.1, We terminate this Agreement, We are only liable to You for:
a. payments that were due to You before the date of termination; and
b. reasonable costs You incur solely as a direct and unavoidable result of the termination (but subject to clauses 19.4 and 19.5).
19.3. If We reduce the scope of the Agreement under this clause 19, Our liability to pay any part of the Funds to You will, unless there is agreement in writing to the contrary, reduce in accordance with the reduction in the Activity.
19.4. If We terminate or reduce the scope of this Agreement under clause 19.1, You must:
a. immediately, or from the date specified in writing by Us, stop carrying out Your obligations under this Agreement (or, in the case of a reduction in scope, the obligations removed by the reduction);
b. immediately do everything You can to lessen all losses, costs and expenses that You may suffer from the termination or reduction; and
c. repay or deal with as directed in writing by Us any Funding which:
i. in the case of termination:
A. You have spent other than in accordance with this Agreement; or
B. is not due and payable by You in accordance with the Agreement as at the date on which the notice of termination is given; or
ii. in the case of a reduction in scope, is attributable to the obligations removed by the reduction, within 10 Business Days of the date of the notice of termination or reduction or other period if specified in writing by Us.
19.5. We need only pay You the reasonable costs in clause 19.2.b if:
a. You comply strictly with this clause 19;
b. You provide written evidence to satisfy Us of the amounts claimed; and
c. should We wish to do so, We conduct an audit of Your finances to verify the amounts claimed, and the amounts claimed are so verified.
19.6. We are not liable to pay You compensation for any loss of prospective profits or any revenues or benefits that You would have received had the termination or reduction not occurred.
19.7. We will not be liable to pay You any amount under this clause 19 which, when added to the Funding amounts already paid to You under this Agreement, would exceed the total amount of the Funding specified in the Schedule(s).
Termination with costs. 13.1. The Department may, by one month’s written notice to Norfolk Island, terminate this agreement in whole or reduce the scope of this agreement without prejudice to the rights, liabilities or obligations of either party accruing prior to the date of termination.
13.2. If this agreement is terminated or reduced in scope the Department will only be liable for:
a. subject to clause 13.3, payments then due and payable under the payment provisions of this agreement; and
b. subject to clauses 13.4, 13.5 and 13.6, any reasonable costs incurred by Norfolk Island and directly attributable to the termination of this agreement or reduction in scope of the agreement, provided that nothing in this clause requires the Department to pay to Norfolk Island an amount exceeding the total Funding which would have been payable under this agreement had it not been terminated or reduced in scope.
13.3. Upon receipt of a notice of termination or reduction in scope Norfolk Island must:
a. cease or reduce the performance of its obligations under this agreement in accordance with the notice;
b. immediately do everything possible to mitigate all losses, costs and expenses arising from the termination or reduction in scope contained in the notice; and
c. immediately return to the Department any Funds in accordance with clause 13.4.b or deal with any such Funds as the Department may direct in writing.
13.4. Where the Department terminates this agreement under clause 13.1 the Department:
a. will not be obliged to pay to Norfolk Island any outstanding amount of the Funds, except to the extent that those monies have been legally committed for expenditure by Norfolk Island in accordance with this agreement and which are immediately payable by Norfolk Island (written evidence of which will be required) by the date notice of termination given under clause 13.1 is deemed to be received under this agreement; and
b. will be entitled to recover from Norfolk Island any part of the Funds which:
i. has not been legally committed for expenditure by Norfolk Island in accordance with this agreement and which are not immediately payable by Norfolk Island (written evidence of which will be required) by the date the notice of termination given under clause 13.1 is deemed to be received under this agreement; or
ii. has not, in the Department’s reasonable opinion, been expended by Norfolk Island in accordance with the terms and conditions of this agreement, and all such Funds will be regarded as a debt ...
Termination with costs. 20.1 The Commonwealth may, at any time by written notice to the Organisation, terminate the Term of this Agreement in whole or reduce the scope of this Agreement without prejudice to the rights, liabilities, or obligations of either Party accruing prior to the date of termination. If this Agreement is terminated or reduced in scope the Commonwealth will only be liable for:
(a) subject to subclause 20.3, payments under the payment provisions of this Agreement; and
(b) subject to subclauses 20.4, 20.5 and 20.6, any reasonable costs incurred by the Organisation and directly attributable to the termination of the Term of this Agreement or reduction in scope of the Agreement.
20.2 Upon receipt of a notice of termination or reduction in scope the Organisation must:
(a) cease or reduce the performance of the Organisation’s obligations under this Agreement in accordance with the notice;
(b) immediately do everything possible to mitigate all losses, costs, and expenses, arising from the termination or reduction in scope contained in the notice; and
(c) immediately return to the Commonwealth any Funds in accordance with paragraph 20.3(b); or
(d) deal with any such Funds as the Commonwealth may direct in writing.
20.3 Where the Commonwealth terminates the Term of this Agreement under subclause 20.1 the Commonwealth:
(a) will not be obliged to pay to the Organisation any outstanding amount of the Funds except to the extent that those monies have been legally committed for expenditure by the Organisation in accordance with this Agreement and payable by the Organisation as a current liability (written evidence of which will be required) by the date on which the notice of termination given under subclause 20.1 is deemed to be received in accordance with subclause 35.2; and
(b) will be entitled to recover from the Organisation any part of the Funds which:
(i) has not been legally committed for expenditure by the Organisation in accordance with this Agreement and payable by the Organisation as a current liability (written evidence of which will be required) by the date on which the notice of termination given under subclause 20.1 is deemed to be received in accordance with subclause 35.2; or
(ii) has not, in the Commonwealth’s opinion, been expended by the Organisation in accordance with the terms and conditions of this Agreement; and all such Funds will, without prejudice to any other rights available to the Commonwealth under this Agreement or at law or in equity, be reg...
Termination with costs. 51.1 The Department may, at any time by notice, terminate, or reduce the scope of, this Agreement, any Grant Agreement or the Services, without prejudice to the rights, liabilities, or obligations of either party accruing prior to the date of termination or reduction.
51.2 Upon receipt of a notice of termination or reduction the Provider must:
(a) stop work as specified in the notice;
(b) take all available steps to minimise loss resulting from that termination and to protect Commonwealth Material and Agreement Material; and
(c) continue work on any part of the Services not affected by the notice.
51.3 If this Agreement or any Grant Agreement is terminated under clause 51.1, the Department is liable only for:
(a) payments under clause 17 that were properly due before the effective date of termination; and
(b) reasonable costs incurred by the Provider and directly attributable to the termination.
51.4 If the scope of the Services is reduced, the Department’s liability to pay any Grant Payments and any allowances and costs abates in accordance with the reduction in the Services.
51.5 The Department is not liable to pay compensation under clause 51.3(b) in an amount which would, in addition to any amounts paid or due, or becoming due, to the Provider under a Grant Agreement, exceed the maximum Grant Payment that would have been payable but for the termination or reduction.
51.6 The Provider is not entitled to compensation for loss of prospective profits or loss of any benefits that would have been conferred on the Grant Agreement or had the termination or reduction not occurred.
