Where the State Sample Clauses
The 'Where the State' clause typically defines specific rights, obligations, or actions that apply when the state government is involved in a contract or legal arrangement. This clause may outline procedures the state must follow, exceptions granted to the state, or conditions under which the state may exercise certain powers, such as terminating an agreement or enforcing compliance. Its core practical function is to clarify the unique position and authority of the state within the agreement, ensuring that both parties understand how the state's involvement affects their rights and responsibilities.
Where the State. (a) has received monies as a trustee pursuant to clause 95.16; and
(b) has made all reasonable endeavours to pay the monies to the person who sustained the relevant loss or damage; and
(c) but has been unable to do so within six months of receiving payment the State shall repay to the Commonwealth at the expiry of that period the monies so received.
Where the State. (a) has received monies as a trustee pursuant to Clause 97.16; and
(b) has made all reasonable endeavours to pay the monies to the person who sustained the relevant loss or damage; and
Where the State. (i) deducts and retains amounts from monies due to the Contractor, whether in respect of the Operation Payment or otherwise; or
(ii) suspends payment of any money due to the Contractor whether in respect of the Operation Payment, the Performance Linked Fees or otherwise, and the Contractor disputes the entitlement of the State to make the deduction or the suspension or the amount deducted or suspended under subclause (a), the issue of whether the State is entitled to make the deduction or suspend the payment or as to the amount deducted or suspended will be determined by an independent expert in accordance with clause 26.5.
Where the State. (i) deducts and retains amounts from monies due to the Contractor, whether in respect of the Monthly Service Payment or otherwise; or
(ii) suspends payment of any money due to the Contractor whether in respect of the Monthly Service Payment, the Operating Performance Incentives the Performance Linked Payments or otherwise, and the Contractor disputes the entitlement of the State to make the deduction or the suspension or the amount deducted or suspended under clause 18.6(a), the issue of whether the State is entitled to make the deduction or suspend the payment or as to the amount deducted or suspended will be determined by an independent expert in accordance with clause 27.4.