Common use of Urgent Protection Clause in Contracts

Urgent Protection. The Commonwealth may take any action necessary to protect the Works, other property, the Environment, or to prevent or minimise risks to the health and safety of persons, which the Contractor must take but does not take. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract Administrator's instruction under paragraph (c), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the finding of the item or the Contract Administrator's instruction under paragraph (c), other than under paragraph (d). The Commonwealth may, either itself or by a third party, carry out an obligation under the Contract which the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance with the Contract. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the Commonwealth.

Urgent Protection. The Commonwealth Contractor may take any action necessary to protect the Subcontract Works, other property, the Environment, or to prevent or minimise risks to the health and safety of persons, which the Contractor Subcontractor must take but does not take. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth Contractor in taking such action will be a debt due from the Contractor Subcontractor to the CommonwealthContractor. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the CommonwealthContractor. Where such an item is found on or in the Site, the Contractor Subcontractor must: immediately give the Contract Administrator and the Commonwealth Contractor’s Representative notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator Contractor’s Representative must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor Subcontractor as to the course it must adopt insofar as the Contractor's Subcontractor’s Activities are affected by the finding of the item. The Contractor Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Subcontract Price increased by the extra costs reasonably incurred by the Contractor Subcontractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract Administrator's Contractor’s Representative’s instruction under paragraph (c), as determined by the Contract AdministratorContractor’s Representative. To the extent permitted by law, the Contractor Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with the finding of the item or the Contract AdministratorContractor’s Representative's instruction under paragraph (c), other than under paragraph (d). The Commonwealth may, either itself or by a third party, carry out an obligation under the Contract which the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance with the Contract. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the Commonwealth.

Urgent Protection. The Commonwealth Contractor may take any action necessary to protect the Subcontract Works, other property, the Environment, Environment or to prevent or minimise risks to the health and safety of persons, persons if: this is necessary and it is not practicable to have the Subcontractor take the action; or it was action which the Subcontractor should have taken but did not. Where the Contractor must take but does not take. The coststakes action under this clause 6.7: in the case of paragraph (a)(i), expenses, losses, damages and liabilities suffered or the reasonable costs incurred by the Commonwealth Contractor in taking such action will be a debt due from the Contractor Subcontractor to the CommonwealthContractor; or in the case of paragraph (a)(ii), all costs incurred by the Contractor in taking such action will be a debt due from the Subcontractor to the Contractor. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the CommonwealthContractor. Where such an item is found on or in the Site, the Contractor Subcontractor must: immediately give the Contract Administrator and the Commonwealth Contractor's Representative notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator Contractor's Representative must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor Subcontractor as to the course it must adopt insofar as the ContractorSubcontractor's Activities are affected by the finding of the item. The Contractor Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.79.5; and have the Contract Subcontract Price increased by the extra costs reasonably incurred by the Contractor Subcontractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract AdministratorContractor's Representative’s instruction under paragraph (c), valued as determined by a Variation in accordance with clause 10.3. Such entitlement will be subject to the Contract AdministratorSubcontractor complying with clause 12. To the extent permitted by law, the Contractor Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with the finding of the item or the Contract AdministratorContractor's Representative’s instruction under paragraph (c), other than under paragraph (dd)(i) and (d)(ii). The Commonwealth maySubcontractor must: ensure that in carrying out the Subcontractor's Activities: other than to the extent identified in writing by the Contractor's Representative, either itself it complies with all Statutory Requirements and other requirements of the Subcontract for the protection of the Environment; it does not cause or by a third partycontribute to any Environmental Incident; without limiting subparagraph (ii), carry out an obligation under it does not cause or contribute to Contamination of the Contract which Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Contractor was obliged to carry out but which Site; it failed to carry out within immediately notifies the time required in accordance Contractor's Representative of: any non-compliance with the Contract. The costsrequirements of this clause 6.9; any breach of a Statutory Requirement for the protection of the Environment; any Environmental Incident; or the receipt of any notice, expensesorder or communication received from an authority for the protection of the Environment; and its subsubcontractors comply with the requirements in this clause 6.9; and clean up and restore the Environment, lossesincluding any Contamination or Environmental Harm arising out of or in connection with the Subcontractor's Activities or the Subcontract Works, damages whether or not it has complied with all Statutory Requirements and liabilities suffered or incurred by other requirements of the Commonwealth in so carrying out such a Contract obligation will be a debt due from Subcontract for the Contractor to protection of the CommonwealthEnvironment.

Urgent Protection. The Commonwealth may take any action necessary to protect the Works, other property, the Environment, Environment or to prevent or minimise risks to the health and safety of persons, persons if: this is necessary and it is not practicable to have the Contractor take the action; or it was action which the Contractor must take should have taken but does not takedid not. The costsWhere the Commonwealth takes action under this clause 6.7: in the case of paragraph (i), expensesthe reasonable costs incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth; or in the case of paragraph (ii), losses, damages and liabilities suffered or all costs incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (b)(ii), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.79.5; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(ii) which arise directly from the finding of the item and the Contract Administrator's instruction under paragraph (c), valued as determined by a Variation in accordance with clause 10.3. Such entitlements will be subject to the Contract Administrator. Contractor complying with clause 12.. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with the finding of the item or the Contract Administrator's instruction under paragraph (c), other than under paragraph (di) and (ii). The Commonwealth may, either itself or Contractor must: ensure that in carrying out the Contractor's Activities: other than to the extent identified in writing by a third party, carry out an obligation under the Contract which Administrator, it complies with all Statutory Requirements and other requirements of the Contractor was obliged Contract for the protection of the Environment; it does not cause or contribute to carry out but which any Environmental Incident; without limiting subparagraph (ii), it failed does not cause or contribute to carry out within Contamination of the time required in accordance Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; it immediately notifies the Contract Administrator of: any non-compliance with the Contract. The costsrequirements of this clause 6.9; any breach of a Statutory Requirement for the protection of the Environment; any Environmental Incident; or the receipt of any notice, expensesorder or communication received from an authority for the protection of the Environment; and its subcontractors comply with the requirements in this clause 6.9; and clean up and restore the Environment, lossesincluding any Contamination or Environmental Harm arising out of or in connection with the Contractor's Activities or the Works, damages whether or not it has complied with all Statutory Requirements and liabilities suffered or incurred by other requirements of the Commonwealth in so carrying out such a Contract obligation will be a debt due from for the Contractor to protection of the CommonwealthEnvironment.

Urgent Protection. The Commonwealth Contractor may take any action necessary to protect the Subcontract Works, other property, the Environment, Environment or to prevent or minimise risks to the health and safety of persons, persons if: this is necessary and it is not practicable to have the Subcontractor take the action; or it was action which the Subcontractor should have taken but did not. Where the Contractor must take but does not take. The coststakes action under this clause: in the case of paragraph (a), expenses, losses, damages and liabilities suffered or the reasonable costs incurred by the Commonwealth in taking such action Contractor will be a debt due from the Contractor Subcontractor to the Contractor; or in the case of paragraph (b), all costs incurred by the Contractor will be a debt due from the Subcontractor to the Contractor. The Subcontractor: acknowledges that the Commonwealth may, under the Managing Contractor Contract, take any action necessary to protect the Subcontract Works, other property, the Environment or people which the Subcontractor must take but does not take; and must indemnify the Contractor against any liability it may have to the Commonwealth arising out of or in any way in connection with the Commonwealth's action. Any valuable, things of value or archaeological or special interest items found on or in the Site will, as between the parties, be the property of the CommonwealthContractor. Where such an item is found on or in the Site, the Contractor Subcontractor must: immediately give the Contract Administrator and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor as to the course it must adopt insofar as notify the Contractor's Activities are affected by Representative; protect it and not disturb it further; and comply with any directions of the finding of Contractor's Representative in relation to the item. The Contractor will be entitled to: an extension of time Subject to any relevant Date for Completion where it is otherwise so entitled under the Subcontractor complying with clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract Administrator's instruction under paragraph (c), as determined by the Contract Administrator. To the extent permitted by law12, the Contractor will pay the Subcontractor the extra costs incurred by it in complying with the Contractor's Representative's directions. The Subcontractor must: ensure that in carrying out the Subcontractor's Activities: other than to the extent identified in writing by the Contractor's Representative, it complies with all Statutory Requirements and other requirements of the Subcontract for the protection of the Environment; it does not be entitled cause any Environmental Incident; without limiting subparagraph (ii), it does not cause or contribute to make (nor will Contamination of the Commonwealth be liable upon) Site or any Claim other land, air or water, or cause or contribute to any Contamination emanating from the Site; it immediately notifies the Contractor's Representative of: any non-compliance with the requirements of this clause 6.10; a breach of any Statutory Requirement for the protection of the Environment; any Environmental Incident; or the receipt of any notice, order or communication received from an authority for the protection of the Environment; and its subsubcontractors comply with the requirements referred to in this clause 6.10; and clean up and restore the Environment, including any Contamination or Environmental Harm, arising out of of, or in any way in connection with, the Subcontractor's Activities, whether or not it has complied with the finding all Statutory Requirements or other requirements of the item or Subcontract for the Contract Administrator's instruction under paragraph (c), other than under paragraph (d). The Commonwealth may, either itself or by a third party, carry out an obligation under protection of the Contract which the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance with the Contract. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the CommonwealthEnvironment.

Urgent Protection. The Commonwealth may take any action necessary to protect the Works, other property, the Environment, or to prevent or minimise risks to the health and safety of persons, which the Contractor must take but does not take. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled entitled, where the item is found during the Delivery Phase, to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Delivery Phase Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract Administrator's instruction under paragraph (c), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the finding of the item or the Contract Administrator's instruction under paragraph (c), other than under paragraph (d). The Provided that the Contract Administrator has given the Contractor prior reasonable written notice of the Commonwealth's intention to exercise its rights under this clause 8.23, the Commonwealth may, either itself or by a third party, carry out an obligation under the Contract which the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance with the Contract. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the Commonwealth.

Urgent Protection. The Commonwealth may take any action necessary to protect the Works, other property, the Environment, or to prevent or minimise risks to the health and safety of persons, which the Contractor must take but does not take. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Delivery Phase Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract Administrator's instruction under paragraph (c), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the finding of the item or the Contract Administrator's instruction under paragraph (c), other than under paragraph (d). The Commonwealth may, either itself or by a third party, carry out an obligation under the Contract which the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance with the Contract. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the Commonwealth.

Urgent Protection. The Commonwealth may take any action necessary to protect the Works, other property, the Environment, Environment or to prevent or minimise risks to the health and safety of persons, persons if: this is necessary and it is not practicable to have the Contractor take the action; or it was action which the Contractor must take should have taken but does not takedid not. The costsWhere the Commonwealth takes action under clause 6.7: in the case of paragraph (a), expensesthe reasonable costs incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth; or in the case of paragraph (b), losses, damages and liabilities suffered or all costs incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator PDS Contractor and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator PDS Contractor must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled to: claim an extension of time to any relevant the Date for Completion where under clause 9.4 if it is otherwise so entitled under clause 10.7delayed in achieving Completion by the Date for Completion; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract AdministratorPDS Contractor's instruction under paragraph (c), as determined valued by the Contract AdministratorPDS Contractor as a Variation. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with the finding of the item or the Contract AdministratorPDS Contractor's instruction under paragraph (c), ) other than under paragraph (dd)(i) and (ii). Such entitlements will be subject to the Contractor complying with clauses 9.4, 10.4 and 12 (as applicable). The Commonwealth mayContractor must: ensure that in carrying out the Contractor's Activities: other than to the extent identified in writing by the PDS Contractor, either itself or by a third party, carry out an obligation under it complies with all Statutory Requirements and other requirements of the Contract which for the protection of the Environment; it does not cause or contribute to any Environmental Incident; without limiting subparagraph (ii), it does not cause or contribute to Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; it immediately notifies the PDS Contractor was obliged to carry out but which it failed to carry out within the time required in accordance of: any non-compliance with the Contract. The costsrequirements of clause 6.9; any breach of a Statutory Requirement for the protection of the Environment; any Environmental Incident; or the receipt of any notice, expensesorder or communication received from an authority for the protection of the Environment; and its subcontractors comply with the requirements in clause 6.9; and clean up and restore the Environment, lossesincluding any Contamination or Environmental Harm, damages arising out of or in connection with, the Contractor's Activities or the Works, whether or not it has complied with all Statutory Requirements and liabilities suffered or incurred by other requirements of the Commonwealth in so carrying out such a Contract obligation will be a debt due from for the Contractor to protection of the CommonwealthEnvironment.

Urgent Protection. The Contractor or the Commonwealth may take any action necessary to protect the Subcontract Works, other property, the Environment, or to prevent or minimise risks to the health and safety of persons, which the Contractor Subcontractor must take but does not take. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth Contractor in taking such action will be a debt due from the Contractor Subcontractor to the CommonwealthContractor. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the CommonwealthContractor. Where such an item is found on or in the Site, the Contractor Subcontractor must: immediately give the Contract Administrator and the Commonwealth Contractor’s Representative notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently completely determined. The Contract Administrator Contractor’s Representative must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor Subcontractor as to the course it must adopt insofar as the Contractor's Subcontractor’s Activities are affected by the finding of the item. The Contractor Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Subcontract Price increased by the extra costs reasonably incurred by the Contractor Subcontractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract Administrator's Contractor’s Representative’s instruction under paragraph (c), as determined by the Contract AdministratorContractor’s Representative. To the extent permitted by law, the Contractor Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim arising out of or in connection with the finding of the item or the Contract AdministratorContractor’s Representative's instruction under paragraph (c), other than under paragraph (d). The Commonwealth may, either itself or by a third party, carry out an obligation under the Contract which the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance with the Contract. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the Commonwealth.

Urgent Protection. The Commonwealth may take any action necessary to protect the Works, other property, the Environment, or to prevent or minimise risks to the health and safety of persons, which the Contractor must take but does not take. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract Administrator's instruction under paragraph (c), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the finding of the item or the Contract Administrator's instruction under paragraph (c), other than under paragraph (d). The Provided that the Contract Administrator has given the Contractor prior reasonable written notice of the Commonwealth's intention to exercise its rights under this clause 8.23, the Commonwealth may, either itself or by a third party, carry out an obligation under the Contract which the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance with the Contract. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the Commonwealth.

Urgent Protection. The Commonwealth Contractor may take any action necessary to protect the Subcontract Works, other property, the Environment, Environment or to prevent or minimise risks to the health and safety of persons, persons if: this is necessary and it is not practicable to have the Subcontractor take the action; or it was action which the Subcontractor should have taken but did not. Where the Contractor must take but does not take. The coststakes action under clause 6.8: in the case of paragraph (a), expenses, losses, damages and liabilities suffered or the reasonable costs incurred by the Commonwealth Contractor in taking such action will be a debt due from the Contractor Subcontractor to the Contractor; or in the case of paragraph (b), all costs incurred by the Contractor in taking such actions will be a debt due from the Subcontractor to the Contractor. The Subcontractor: acknowledges that the Commonwealth may, under the Managing Contractor Contract, take any action necessary to protect the Subcontract Works, other property, the Environment or people which the Subcontractor must take but does not take; and must indemnify the Contractor against any liability it may have to the Commonwealth arising out of or in any way in connection with the Commonwealth's action. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the CommonwealthContractor. Where such an item is found on or in the Site, the Contractor Subcontractor must: immediately give the Contract Administrator and the Commonwealth Contractor's Representative notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator Contractor's Representative must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor Subcontractor as to the course it must adopt insofar as the ContractorSubcontractor's Activities are affected by the finding of the item. The Contractor Subcontractor will be entitled to: claim an extension of time to any relevant the Date for Completion where under clause 9.4 if it is otherwise so entitled under clause 10.7delayed in achieving Completion by the Date for Completion; and have the Contract Subcontract Price increased by the extra costs reasonably incurred by the Contractor Subcontractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract AdministratorContractor's Representative’s instruction under paragraph (c), as determined valued by the Contract AdministratorContractor's Representative as a Variation. To the extent permitted by law, the Contractor Subcontractor will not be entitled to make (nor will the Commonwealth Contractor be liable upon) any Claim claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with the finding of the item or the Contract AdministratorContractor's Representative’s instruction under paragraph (c), other than under paragraph (dd)(i) and (ii). Such entitlements will be subject to the Subcontractor complying with clauses 9.4, 10.4 and 12 (as applicable). The Commonwealth maySubcontractor must: ensure that in carrying out the Subcontractor's Activities: other than to the extent identified in writing by the Contractor's Representative, either itself it complies with all Statutory Requirements and other requirements of the Subcontract for the protection of the Environment; it does not cause or by a third partycontribute to any Environmental Incident; without limiting subparagraph (ii), carry out an obligation under it does not cause or contribute to Contamination of the Contract which Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Contractor was obliged to carry out but which Site; it failed to carry out within immediately notifies the time required in accordance Contractor's Representative of: any non-compliance with the Contract. The costsrequirements of clause 6.10; any breach of a Statutory Requirement for the protection of the Environment; any Environmental Incident; or the receipt of any notice, expensesorder or communication received from an authority for the protection of the Environment; and its subsubcontractors comply with the requirements in clause 6.10; and clean up and restore the Environment, lossesincluding any Contamination or Environmental Harm arising out of or in connection with the Subcontractor's Activities or the Subcontract Works, damages whether or not it has complied with all Statutory Requirements and liabilities suffered or incurred by other requirements of the Commonwealth in so carrying out such a Contract obligation will be a debt due from Subcontract for the Contractor to protection of the CommonwealthEnvironment.

Urgent Protection. The Commonwealth may take any action necessary to protect the Remediation Works, other property, the Environment, or to prevent or minimise risks to the health and safety of persons, which the Contractor must take but does not take. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled to: an extension of time to any relevant Date for Remediation Completion where it is otherwise so entitled under clause 10.7; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract Administrator's instruction under paragraph (c), as determined by the Contract Administrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with the finding of the item or the Contract Administrator's instruction under paragraph (c), other than under paragraph (d). The Commonwealth may, either itself or by a third party, carry out an obligation under the Contract which the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance with the Contract. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the Commonwealth.

Urgent Protection. The Commonwealth may take any action necessary to protect the Works, other property, the Environment, Environment or to prevent or minimise risks to the health and safety of persons, persons if: this is necessary and it is not practicable to have the Contractor take the action; or it was action which the Contractor must take should have taken but does not takedid not. The costsWhere the Commonwealth takes action under clause 6.7: in the case of paragraph (a), expensesthe reasonable costs incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth; or in the case of paragraph (b), losses, damages and liabilities suffered or all costs incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator PDS Contractor and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator PDS Contractor must, within 14 days of receipt of a notice under paragraph (b)(ii), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled to: claim an extension of time to any relevant the Date for Completion where under clause 9.4 if it is otherwise so entitled under clause 10.7delayed in achieving Completion by the Date for Completion; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(ii) which arise directly from the finding of the item and the Contract AdministratorPDS Contractor's instruction under paragraph (c), as determined valued by the Contract AdministratorPDS Contractor as a Variation. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with the finding of the item or the Contract AdministratorPDS Contractor's instruction under paragraph (c), ) other than under paragraph (di) and (ii). The Commonwealth may, either itself or by a third party, carry out an obligation under the Contract which Such entitlements will be subject to the Contractor was obliged to carry out but which it failed to carry out within the time required in accordance complying with the Contractclauses 9.4, 10.4 and 12. The costs, expenses, losses, damages and liabilities suffered or incurred by the Commonwealth in so carrying out such a Contract obligation will be a debt due from the Contractor to the Commonwealth(as applicable).

Urgent Protection. The Commonwealth may take any action necessary to protect the Works, other property, the Environment, Environment or to prevent or minimise risks to the health and safety of persons, persons if: this is necessary and it is not practicable to have the Contractor take the action; or it was action which the Contractor must take should have taken but does not takedid not. The costsWhere the Commonwealth takes action under clause 6.8: in the case of paragraph (a), expensesthe reasonable costs incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth; or in the case of paragraph (b), losses, damages and liabilities suffered or all costs incurred by the Commonwealth in taking such action will be a debt due from the Contractor to the Commonwealth. Any valuable, archaeological or special interest items found on or in the Site will, as between the parties, be the property of the Commonwealth. Where such an item is found on or in the Site, the Contractor must: immediately give the Contract Administrator PDS Contractor and the Commonwealth notice in writing; not disturb the item under any circumstances other than where such disturbance is necessary to comply with subparagraph (iii); and ensure that the item is protected until the nature of the item has been competently determined. The Contract Administrator PDS Contractor must, within 14 days of receipt of a notice under paragraph (b)(i), instruct the Contractor as to the course it must adopt insofar as the Contractor's Activities are affected by the finding of the item. The Contractor will be entitled to: claim an extension of time to any relevant the Date for Completion where under clause 9.4 if it is otherwise so entitled under clause 10.7delayed in achieving Completion by the Date for Completion; and have the Contract Price increased by the extra costs reasonably incurred by the Contractor after the giving of the notice under paragraph (b)(i) which arise directly from the finding of the item and the Contract AdministratorPDS Contractor's instruction under paragraph (c), as determined valued by the Contract AdministratorPDS Contractor as a Variation. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim claim (whether under the Contract or otherwise at law or in equity) arising out of or in connection with the finding of the item or the Contract AdministratorPDS Contractor's instruction under paragraph (c), ) other than under paragraph (dd)(i) and (ii). Such entitlements will be subject to the Contractor complying with clauses 9.4, 10.4 and 12 (as applicable). The Commonwealth mayContractor must: ensure that in carrying out the Contractor's Activities: other than to the extent identified in writing by the PDS Contractor, either itself or by a third party, carry out an obligation under it complies with all Statutory Requirements and other requirements of the Contract which for the protection of the Environment; it does not cause or contribute to any Environmental Incident; without limiting subparagraph (ii), it does not cause or contribute to Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; it immediately notifies the PDS Contractor was obliged to carry out but which it failed to carry out within the time required in accordance of: any non-compliance with the Contract. The costsrequirements of clause 6.10; any breach of a Statutory Requirement for the protection of the Environment; any Environmental Incident; or the receipt of any notice, expensesorder or communication received from an authority for the protection of the Environment; and its subcontractors comply with the requirements in clause 6.10; and clean up and restore the Environment, lossesincluding any Contamination or Environmental Harm, damages arising out of or in connection with, the Contractor's Activities or the Works, whether or not it has complied with all Statutory Requirements and liabilities suffered or incurred by other requirements of the Commonwealth in so carrying out such a Contract obligation will be a debt due from for the Contractor to protection of the CommonwealthEnvironment.