Work Health and Safety The Consultant must: ensure that in carrying out the Services and the Works: it complies with all Statutory Requirements and other requirements of the Contract in respect of work health and safety; and it complies with its duty under the WHS Legislation to consult, cooperate and coordinate activities with all other persons who have a work health and safety duty in relation to the same matter; without limiting the Consultant's obligations under this Contract or otherwise at law or in equity, notify the Commonwealth's Representative: in respect of notifiable incidents within the meaning of the WHS Legislation, immediately (and in any event within 12 hours of such notifiable incident occurring); in respect of work health and safety incidents or accidents (which are not notifiable incidents) where the nature of the incident or accident indicates a potential systemic failure to identify hazards and manage risks to health and safety, so far as is reasonably practicable, within 24 hours of the incident or accident occurring; and in respect of all other work health and safety matters arising out of or in any way in connection with the Services and the delivery of the Works, including the occurrence of any other incident or accident (not required to be reported in accordance with subparagraphs (i) or (ii)), within 30 days of such incident occurring; for the purposes of paragraph (b), in respect of any notifiable incident: immediately provide the Commonwealth's Representative with a copy of the notice required to be provided to the relevant Commonwealth, State or Territory regulator; promptly provide the Commonwealth's Representative with a copy of an investigation report relating to the notifiable incident and any witness statements prepared as a result of the occurrence of the notifiable incident; promptly provide the Commonwealth's Representative with copies of any notice(s) or other documentation issued by the relevant Commonwealth, State or Territory regulator; and within 10 days of the date of notification to the relevant Commonwealth, State or Territory regulator, provide the Commonwealth's Representative with a summary of the related investigations, actions to be taken, and any impact on the Contract that may result from the notifiable incident; if applicable, comply with all requirements of and maintain accreditation under the WHS Accreditation Scheme; institute systems to: obtain regular written assurances from each subconsultant about their ongoing compliance with the WHS Legislation; and provide, in a format specified by the Commonwealth Representative, the written assurances regarding the Consultant's ongoing compliance with the WHS Legislation: on a quarterly basis; and as otherwise directed by the Commonwealth Representative; provide the written assurances obtained under paragraph (e), to the Commonwealth Representative in accordance with paragraph (e); without limiting the Consultant 's obligations under this Contract or otherwise at law or in equity within 10 days of receipt provide to the Commonwealth Representative copies of: all formal notices and written communications issued by a regulator or agent of the regulator under or in compliance with the applicable WHS Legislation to the Consultant or subconsultant (as the case may be) relating to work health and safety matters; all formal notices issued by a health and safety representative of the Consultant or subconsultant (as the case may be), under or in compliance with the applicable WHS Legislation; and all formal notices, written communications and written undertakings given by the Consultant or subconsultant (as the case may be) to the regulator or agent of the regulator under or in compliance with the applicable WHS Legislation, arising out of or in any way in connection with the carrying out of the Services and the Works by the Consultant; exercise a duty of the utmost good faith to the Commonwealth in carrying out the Services to enable the Commonwealth to discharge the Commonwealth's duties under the WHS Legislation; ensure all subcontracts include provisions equivalent to the obligations of the Consultant in this clause 5.9; ensure that, if any Statutory Requirement requires that: a person: be authorised or licensed (in accordance with the WHS Legislation) to carry out any work at that workplace, that person is so authorised or licensed, and complies with any conditions of such authorisation or licence; or has prescribed qualifications or experience, or if not, is to be supervised by a person who has prescribed qualifications or experience (as defined in the WHS Legislation), that person has the required qualifications or experience or is so supervised; or a workplace, plant or substance (or design), or work (or class of work) be authorised or licensed, that workplace, plant or substance, or work is so authorised or licensed; not direct or allow a person to carry out work, or use plant or a substance at a workplace unless, the authorisation, licensing, prescribed qualifications or experience required by any Statutory Requirement and paragraph (j) are met; without limiting the Consultant 's obligations under this Contract (including paragraph (c) in respect of notifiable incidents) or otherwise at law or in equity, within 10 days of a request by the Commonwealth Representative or anyone else acting on behalf of the Commonwealth, provide all information or copies of documentation held by the Consultant or a subconsultant to the Commonwealth Representative or anyone else acting on behalf of the Commonwealth to enable the Commonwealth to comply with its obligations under the WHS Legislation; if requested by the Commonwealth Representative or required by the WHS Legislation, produce evidence of any Approvals including any authorisations, licences, prescribed qualifications or experience, or any other information relevant to work health and safety (as the case may be) to the satisfaction of the Commonwealth Representative before the Consultant or any subconsultant commences such work; and where the Consultant is a supplier, manufacturer, designer or importer for the purposes of the WHS Legislation, promptly provide to the Commonwealth Representative information concerning: the purpose for which any plant, structure or substance (as defined in the WHS Legislation) has been designed or manufactured; the results of any calculations, analysis, testing or examination carried out concerning the safety of the plant, substances or structures referred to in paragraph (i) (and the risks to the health and safety of persons); and any conditions necessary to ensure the plant, substances or structures are without risks to health and safety when used for the purpose for which they were designed or manufactured. Resolution of Ambiguities If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Project Documents: the following order of precedence will apply: Official Order; Contract Particulars; Fee Schedule; Terms of Engagement; Brief; Panel Agreement; Project DCAP; and other document forming part of the Contract (if any) specified in the Contract Particulars; where the ambiguity, discrepancy or inconsistency is between the Contract and any Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, paragraph (a) will prevail; if it is discovered by the Consultant or the Commonwealth's Representative, then the party discovering it must promptly give notice to the other; and the Commonwealth's Representative must instruct the Consultant as to the course it must adopt within 14 days of the notice under paragraph (c).
Environmental, Health and Safety Laws There does not exist any violation by the Borrower or any Subsidiary of any applicable federal, state or local law, rule or regulation or order of any government, governmental department, board, agency or other instrumentality relating to environmental, pollution, health or safety matters which will or threatens to impose a material liability on the Borrower or a Subsidiary or which would require a material expenditure by the Borrower or such Subsidiary to cure. Neither the Borrower nor any Subsidiary has received any notice to the effect that any part of its operations or properties is not in material compliance with any such law, rule, regulation or order or notice that it or its property is the subject of any governmental investigation evaluating whether any remedial action is needed to respond to any release of any toxic or hazardous waste or substance into the environment, the consequences of which non-compliance or remedial action could constitute an Adverse Event.