Common use of Act of Prevention Clause in Contracts

Act of Prevention. Any one of: a breach of the Subcontract by the Contractor; any other act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor’s Representative or an Other Contractor engaged by the Commonwealth or the Contractor; or a Variation the subject of a direction by the Contractor’s Representative, except where the Variation is instructed in the circumstances described in clause 8.4(a)(i), but excluding any act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor’s Representative or an Other Contractor engaged by the Commonwealth or the Contractor in accordance with or otherwise permitted by the Subcontract.

Act of Prevention. Any one of: a breach of the Subcontract by the Contractor; any other act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor’s Representative or an Other Contractor engaged by the Commonwealth or the Contractor; or a Variation the subject of a direction by the Contractor’s Representative, except where the Variation is instructed in the circumstances described in clause 8.4(a)(i9.9(b), but excluding any act or omission of the Commonwealth, the MCC Contract Administrator, the Contractor, the Contractor’s Representative or an Other Contractor engaged by the Commonwealth or the Contractor in accordance with or otherwise permitted by the Subcontract.