Common use of Commonwealth Material Clause in Contracts

Commonwealth Material. The Commonwealth Material will remain the property of the Commonwealth. The Commonwealth must inform the Consultant of any Commonwealth Material in which third parties hold the copyright and of any conditions attaching to the use of that material because of that copyright. The Consultant may use that material only in accordance with those conditions. Without limiting clause 18 and if clause 19 applies, clause 19 the Consultant will be responsible for the protection, maintenance and return of the Commonwealth Material in its possession. The Consultant: warrants that: the DCAP complies with the requirements of the Contract; and preparation of the Design Documentation in accordance with the DCAP will ensure that the Design Documentation complies with the requirements of the Contract and that the Consultant otherwise discharges its obligations under the Contract; acknowledges that the DCAP: does not limit the Consultant's obligations under the Contract or otherwise at law or in equity; and may require updating and refining throughout the execution of the Services: to the extent that it does not reflect the tasks or other things to be done or provided to perform the Services in accordance with the Contract; and without limiting subsubparagraph A, on account of Variations; must update and refine the DCAP as required by: paragraph (b)(ii); on each anniversary of the Award Date; and if the Services are phased, prior to the Date for Planning Phase Agreement or Date for Delivery Phase Agreement, with the written approval of the Contract Administrator; to the extent permitted by law, will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with any work the Consultant is required to do under paragraph (b) or (c); and acknowledges that the Commonwealth has not made and does not make any representation or give any warranty as to any of the matters referred to in paragraphs (a)(i) and (a)(ii). If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Design Documentation or any other Project Document: the order of precedence specified in the Contract Particulars will apply; where the ambiguity, discrepancy or inconsistency is between the Contract and any part of the Design Documentation or any other Project Documents, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, the Contract will prevail; if it is discovered by the Consultant or the Commonwealth, then the party discovering it must promptly give Contract Administrator and the other party notice in writing; and after receipt of a notice, the Contract Administrator must within 14 days of receipt of the notice, instruct the Consultant as to the course it must adopt.

Commonwealth Material. The Commonwealth Material will remain the property of the Commonwealth. The Commonwealth must inform the Consultant of any Commonwealth Material in which third parties hold the copyright and of any conditions attaching to the use of that material because of that copyright. The Consultant may use that material only in accordance with those conditions. Without limiting clause 18 and if clause 19 applies, clause 19 the Consultant will be responsible for the protection, maintenance and return of the Commonwealth Material in its possession. The Consultant: must, without limiting its other Contract obligations and to the extent not inconsistent with the Contract, at all times in the performance of the Services comply with the DCAP; warrants that: the DCAP complies with the requirements of the Contract; and preparation of the Design Documentation in accordance with the DCAP will ensure that the Design Documentation complies with the requirements of the this Contract and that the Consultant otherwise discharges its obligations under the Contract; acknowledges that the DCAP: does not limit the Consultant's obligations under the Contract or otherwise at law or in equity; and may require updating and refining throughout the execution performance of the Services: to the extent that it does not reflect the tasks or other things to be done or provided to perform the Services in accordance with the Contract; and without limiting subsubparagraph A, on account of Variations; must update and refine the DCAP as required by: paragraph (b)(iic)(ii); on each anniversary of the Award Date; and if the Services are phasedclause 9 applies, prior to the Date for Planning Phase Agreement or Date for Delivery Phase Agreement, with the written approval of the Contract Administrator; to the extent permitted by law, will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of or in connection with any work the Consultant is required to do under paragraph paragraphs (bc) or (cd); and acknowledges that the Commonwealth has not made and does not make any representation or give any warranty as to any of the matters referred to in paragraphs (a)(ib)(i) and (a)(iib)(ii). If there is any ambiguity, discrepancy or inconsistency in the documents which make up the Contract or between the Contract and any Design Documentation or any other Project Document: subject to paragraphs (b) and (c), the order of precedence specified in the Contract Particulars will apply; where the ambiguity, discrepancy or inconsistency is between the Brief and any other requirement of the Contract (including any other requirement of the Brief), the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail; where the ambiguity, discrepancy or inconsistency is between the Contract and any part of the Design Documentation or any other Project DocumentsDocument, the higher standard, quality or quantum will prevail but if this does not resolve the ambiguity, discrepancy or inconsistency, the Contract will prevail; and irrespective of whether paragraphs (a) to (c) apply, if it is discovered by by: the Consultant or the Commonwealth, then the party discovering it must promptly give Contract Administrator and the other party notice in writing; and after . After receipt of a notice, notice from a party the Contract Administrator must within 14 days of receipt of the notice, notice instruct the Consultant as to the course it must adopt; or the Contract Administrator, then the Contract Administrator must promptly give the parties notice in writing together with an instruction to the Consultant as to the course it must adopt, including, where applicable, by applying the principles in paragraphs (a) to (c) above.