Use and dealings. (a) During the Agreement Period, the Recipient must use any Asset only for the purposes of the Project, or other purposes consistent with the Outcomes.
(b) During the Agreement Period, the Recipient must:
(i) not encumber, dispose or deal with any Asset valued at $50,000 (excluding GST) or above other than in accordance with this clause 14, without the Commonwealth’s prior approval;
(ii) hold all Assets securely and safeguard them against theft, loss, damage, or unauthorised use and ensure they are adequately insured as described in clause 18;
(iii) maintain all Assets in good working order; and
(iv) be fully responsible for, and bear all risks relating to, the use or disposal of all Assets.
Use and dealings. (a) During the Agreement Period, the Recipient must use any Asset only for the purposes of the Activity, or other purposes consistent with the Outcomes approved by DFAT.
(b) During the Agreement Period, the Recipient must:
(i) obtain good title to all Assets (other than Assets which the Recipient leases);
(ii) hold all Assets securely and safeguard them against Fraud, theft, loss, damage, or unauthorised use;
(iii) maintain all Assets in good working order;
(iv) maintain all appropriate insurances in respect of any Assets;
(v) if required by Law, maintain registration and licensing of all Assets;
(vi) be fully responsible for, and bear all risks relating to, the use or disposal of all Assets; and
(vii) maintain an Asset Register containing the details as described in Clause 13.3 (Asset Register) and provide a copy of the Assets Register to DFAT on request.
(c) The Recipient must reconcile the Asset Register with the Assets annually and include the results of that reconciliation in the annual report to be provided to DFAT set out in Clause 15.3 (Annual Re ports).
(d) The Asset Register and other relevant documents such as import papers and manufacturers' warranties relating to the Assets must be available for audit or review as required by DFAT.
Use and dealings. During the Agreement Period, the Recipient must use any Asset only for the purposes of the Activity, or other purposes consistent with the Outcomes approved by DFAT. During the Agreement Period, the Recipient must: obtain good title to all Assets (other than Assets which the Recipient leases); hold all Assets securely and safeguard them against Fraud, theft, loss, damage, or unauthorised use; maintain all Assets in good working order; maintain all appropriate insurances in respect of any Assets; if required by Law, maintain registration and licensing of all Assets; be fully responsible for, and bear all risks relating to, the use or disposal of all Assets; and maintain an Asset Register containing the details as described in Clause 13.3 (Asset Register) and provide a copy of the Assets Register to DFAT on request. The Recipient must reconcile the Asset Register with the Assets annually and include the results of that reconciliation in the annual report to be provided to DFAT set out in Clause 15.3 (Annual Reports). The Asset Register and other relevant documents such as import papers and manufacturers' warranties relating to the Assets must be available for audit or review as required by DFAT. The Recipient must not: dispose (including any write-offs) of Assets unless: the disposal is conducted on an arms-length basis; and any conflicts of interest relevant to the disposal are disclosed to DFAT pursuant to Clause 26 (Conflict of Interest). If the Recipient sells or otherwise disposes of an Asset during the Agreement Period, the proceeds of any sale or disposal of the Assets forms part of the Funds. If the Recipient sells or otherwise disposes of an Asset during the Agreement Period, DFAT is entitled, at its discretion, to recover from the Recipient: the value of the Asset obtained from the sale or disposal of the Asset; or the market value of the Asset.
Use and dealings. (a) During the Term, the Grantee must use any Asset only for the purposes of the Project, or other purposes consistent with the Objectives
(b) If the Grantee uses an Asset for a purpose inconsistent with the Objectives, the Commonwealth reserves the right to suspend the Funding or terminate this Deed.
(c) During the Term, the Grantee must:
i) use any Asset in accordance with this Deed and for the purposes of the Project;
ii) not encumber or dispose of any Asset, or deal with or use any Asset in a manner not consistent with this Deed, without the Commonwealth's prior written approval;
iii) safeguard all Assets against theft, loss, damage, or unauthorised use;
iv) maintain all Assets in good working order;
v) maintain all appropriate insurances for all Assets to their full replacement value, noting the Commonwealth’s interest in the Asset under this Deed, and provide satisfactory evidence of this on request from the Commonwealth;
vi) if required by law, maintain registration and licensing of all Assets;
vii) be fully responsible for, and bear all risks relating to, the use or disposal of all Assets;
viii) if specified in item 7 of the Schedule, maintain an Assets register in the form and containing the details as described in item 7 of the Schedule; and
ix) as and when requested by the Commonwealth, provide copies of the Assets register to the Commonwealth.; and
x) if specified in Item 7 of the Schedule, provide, prior to termination or cessation of the Deed, an Assets disposal plan in the form and containing the details as described in Item 7 of the Schedule.
Use and dealings.
(a) During the Agreement Period, the Recipient must use any Asset only for the purposes of the Project, or other purposes consistent with the Outcomes.
(b) During the Agreement Period, the Recipient must:
(i) obtain good title to all Assets (other than Assets which the Recipient leases);
(ii) not encumber or dispose of any Asset without ARENA's prior approval;
(iii) hold all Assets securely and safeguard them against theft, loss, damage, or unauthorised use;
(iv) maintain all Assets in good working order;
(v) maintain all appropriate insurances in respect of any Assets;
(vi) if required by Law, maintain registration and licensing of all Assets;
(vii) be fully responsible for, and bear all risks relating to, the use or disposal of all Assets; and
(viii) if specified in item 15 of Schedule 1, maintain an Assets register containing the details as described in item 15 of Schedule 1 and provide a copy of the register to ARENA on request.
Use and dealings. During the Agreement Period, the Recipient must use any Asset only for the purposes of the Project, or other purposes consistent with the Outcomes. During the Agreement Period, the Recipient must: obtain good title to all Assets (other than Assets which the Recipient leases); not encumber or dispose of any Asset without ARENA's prior approval; hold all Assets securely and safeguard them against theft, loss, damage, or unauthorised use; maintain all Assets in good working order; maintain all appropriate insurances in respect of any Assets; if required by Law, maintain registration and licensing of all Assets; be fully responsible for, and bear all risks relating to, the use or disposal of all Assets; and if specified in item 15 of Schedule 1, maintain an Assets register containing the details as described in item 15 of Schedule 1 and provide a copy of the register to ARENA on request. If the Recipient sells or otherwise disposes of an Asset during the Agreement Period, ARENA, at its discretion: is entitled to recover from the Recipient the proportion of the value of the Asset following Depreciation calculated as at the date of sale or disposal which is equivalent to the proportion of the purchase price of the Asset that was funded from the Funds; or is entitled to recover from the Recipient the proportion of the market value of the Asset which is equivalent to the proportion of the purchase price of the Asset that was funded from the Funds.
Use and dealings. During the Agreement Period, the Recipient must use any Asset only for the purposes of the Activities, or other purposes consistent with the Outcomes. During the Agreement Period, the Recipient must: not encumber, dispose or deal with any Asset valued at $50,000 (excluding GST) or above other than in accordance with this clause 15, without the Department's prior approval; hold all Assets securely and safeguard them against theft, loss, damage, or unauthorised use and ensure they are adequately insured as described in clause 19; maintain all Assets in good working order; and be fully responsible for, and bear all risks relating to, the use or disposal of all Assets. Intellectual Property Rights
Use and dealings. (a) During the Agreement, the Recipient (or other Group entities) must use an Asset in accordance with this Agreement, for the purposes of the Project, and for purposes consistent with the Deliverables.
(b) During the Agreement Period, the Recipient (or other Group entities) must:
i. obtain and maintain good title to Assets (other than Assets which are leased);
ii. subject to the terms of any leasing or other financing arrangement, not encumber, permit to be encumbered or become the subject of any security as defined in the Personal Property Securities Act 2009 (Cth ) (other than by way of a charge, whether fixed, floating or both) or dispose of any Asset, or deal with or use any Asset (including selling the Asset and subsequently leasing it) other than in accordance with this clause 22 and on arms’ length terms, without the APC’s prior written approval;
iii. hold Assets securely, safeguard them against theft, loss, damage or unauthorised use;
iv. maintain Assets in good working order and carry out regular repairs and maintenance;
v. if required by Law, maintain registration, and licensing of Assets;
vi. maintain all appropriate insurances to their full replacement value, noting, where required under the terms of this Agreement, the Funding Parties interest in the Asset under this Agreement, and provide satisfactory evidence of this on request; vii. not dispose of an Asset.
Use and dealings. During the Agreement Period, the Recipient must:
(a) use the Asset solely for the purposes of the Measure;
(b) not encumber or dispose of any Asset, or deal with or use any Asset other than in accordance with this clause 11, without ARENA's prior approval;
(c) be fully responsible for, and bear all risks relating to, the use or disposal of all Assets; and
(d) if specified in item 11 of Schedule 1, maintain an Assets register containing the details as described in item 11 of Schedule 1 and provide a copy of the register to ARENA on request.
Use and dealings. During the Agreement Period, the Recipient must:
(a) use all Assets only for the purposes of the Project, or other purposes consistent with the Outcomes;
(b) obtain good title to all Assets (other than Assets which the Recipient leases);
(c) not encumber or dispose of any Asset, or deal with or use any Asset other than in accordance with this clause 10, without ARENA's prior written approval;
(d) make Assets valued at over $1 million available to the broader Australian renewable energy research community, subject to the reasonable terms and conditions of the Recipient;
(e) hold all Assets securely and insure and safeguard them against theft, loss, damage, or unauthorised use;
(f) maintain all Assets in good working order;
(g) if required by Law, maintain registration and licensing of all Assets;
(h) reinstate Assets from insurance proceeds, where applicable, and treat surplus insurance proceeds as Funds; and
(i) be fully responsible for, and bear all risks relating to, the use or disposal of all Assets.
