Commonwealth Risk Sample Clauses

Commonwealth Risk. Any one of: war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection or military or usurped powers, martial law or confiscation by order of any government or public authority; the use or threat of unlawful violence against persons or property which does not arise out of any individual relationship between the perpetrator and the victim, or for purposes of robbery, but which is directed at victims as members of a class, race, organisation, nationality, religious or ethnic group, or which is intended to intimidate, coerce or inflict revenge upon any civilian population, government, institution or corporation; and ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel not caused by the Contractor or any subcontractor or any of their employees or agents.
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Commonwealth Risk. 3. If clauses 7.3 and 7.4 apply, a Latent Condition. 4. Valuable, archaeological or special interest items found on or in the Site. 5. If clause 1 of the Special Conditions applies, Latent Hazardous Substances, Asbestos, ACM or GHS Material. 6. A Pandemic Adjustment Event. 7. A Force Majeure Event. 8. [
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Commonwealth Risk. 4. If clauses 7.3 - 7.4 apply, a Latent Condition. 5. Valuable, archaeological or special interest items found on or in the Site. 6. If clause 1 of the Special Conditions applies, Latent Hazardous Substances, Asbestos, ACM or GHS Material. 7. A Pandemic Relief Event. Delay damages: (Clause 10.10) Clause 10.10 [DOES/DOES NOT] apply. (Clause 10.10 applies unless otherwise stated) If clause 10.10 applies: Where there are no Stages, the daily cap on the extra costs reasonably incurred for the Works is: $ per working day If there are Stages, the daily cap on the extra costs reasonably incurred for each Stage is: Stage Maximum delay damages $ per working day $ per working day $ per working day $ per working day Percentage of extra costs reasonably incurred due to acceleration: (Clause 10.14(b)(ii)) [To be inserted following selection of the successful Tenderer] % (5% unless otherwise stated) CLAUSE 11 - VARIATIONS Percentage adjustments for valuing a Variation: (Clauses 11.3(b)(i), 11.3(c)(iii) and 11.6(f)) [To be inserted following selection of the successful Tenderer]% of amount determined for off-site overheads and profit [To be inserted following selection of the successful Tenderer]% of amount determined for non-time related on-site overheads and preliminaries Percentage of wages: (Clause 11.6(b)) [To be inserted following selection of the successful Tenderer]% CLAUSE 12 – PAYMENT Times for submission of payment claims by the Contractor to the Contract Administrator: (Clause 12.2(a)) Monthly on the day of each month Email address for copy of tax invoice: (Clause 12.5(a)) xxxxxxxx@xxxxxxx.xxx.xx Number of business days for payment: (Clause 12.5(b)) To the extent that the relevant part of the Contractor's Activities is carried out in: 1. Queensland or New South Wales: 5; or 2. any other State or Territory: 10. Interest rate: (Clause 12.13) 1. In the case of damages - the Australian Taxation Office-sourced General Interest Charge Rate current at the due date for payment or such other rate nominated in writing from time to time by the Contract Administrator; or 2. In the case of late payments - the greater of: (a) the rate in paragraph (1); and (b) the rate of interest prescribed under any applicable Security of Payment Legislation. Appointed Adjudicator/Prescribed Appointer/ Authorised Nominating Authority: (Clause 12.18(d)) To the extent that the relevant part of the Contractor's Activities is carried out in: 1. the Northern Territory or Western Australia: (a...
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Commonwealth Risk. Any one of: faulty design carried out by persons other than the Contractor or persons for whom the Contractor is responsible; any negligent act or omission of the Commonwealth or an employee of the Commonwealth performing duties in the Commonwealth Department of Defence or as a member of the Australian Defence Force; war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection or military or usurped powers, martial law or confiscation by order of any government or public authority; the use or threat of unlawful violence against persons or property which does not arise out of any individual relationship between the perpetrator and the victim, or for purposes of robbery, but which is directed at victims as members of a class, race, organisation, nationality, religious or ethnic group, or which is intended to intimidate, coerce or inflict revenge upon any civilian population, government, institution or corporation; and ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel not caused by the Contractor or persons for whom the Contractor is responsible.
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Commonwealth Risk. Any one of: war, invasion, terrorism, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection or military or usurped powers, martial law or confiscation by order of any government or public authority; the use or threat of unlawful violence against persons or property which does not arise out of any individual relationship between the perpetrator and the victim, or for purposes of robbery, but which is directed at victims as members of a class, race, organisation, nationality, religious or ethnic group, or which is intended to intimidate, coerce or inflict revenge upon any civilian population, government, institution or corporation; and ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel not caused by the Contractor or any subcontractor or any of their employees or agents.
Sample 1
Commonwealth Risk. Any one of: war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection or military or usurped powers, martial law or confiscation by order of any government or public authority; the use or threat of unlawful violence against persons or property which does not arise out of any individual relationship between the perpetrator and the victim, or for purposes of robbery, but which is directed at victims as members of a class, race, organisation, nationality, religious or ethnic group, or which is intended to intimidate, coerce or inflict revenge upon any civilian population, government, institution or corporation; and ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel not caused by the Contractor or any subcontractor or any of their employees or agents. Commonwealth WHS Act The Work Health and Safety Act 2011 (Cth) and includes any amendment, re-enactment or replacement of it. Commonwealth WHS Regulations The Work Health and Safety Regulations 2011 (Cth) and includes any amendment, re-enactment or replacement of it. Confidential Information Means, subject to paragraph (b): the Contract; the Project Documents; any document, drawing, information or communication (whether in written, oral or electronic form) given to the Contractor by the Commonwealth, the Contract Administrator or anyone on the Commonwealth's behalf, whether or not owned by the Commonwealth, which is in any way connected with the Contractor's Activities or the Remediation Works which: by its nature is confidential; the Contractor knows or ought to know is confidential; or is the subject of a Separation Arrangement; and everything recording, containing, setting out or making reference to the document, drawing, information or communication (whether in written, oral or electronic form) described in subparagraph (iii) including documents, notes, records, memoranda, materials, software, disks and all other media, articles or things. Confidential Information does not mean any document, drawing, information or communication (whether in written, oral or electronic form) given to the Contractor by the Commonwealth, the Contract Administrator or anyone on the Commonwealth's behalf, whether or not owned by the Commonwealth, which: is in the possession of the Contractor without restriction in relation to its disclosure or use before the date of its re...
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Related to Commonwealth Risk

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  • Michigan If performance under this Agreement is interrupted because of a strike or work stoppage at Our place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.

  • Kentucky The Company has a performance bond with the Great American Insurance Company, 000 X. 0xx Xxxxxx, Xxxxxxxxxx, Xxxx 00000. You are entitled to make a direct claim against the insurer upon the failure of the Company to pay any claim within 60 days after the claim has been filed with the Company.

  • Oregon Upon failure of the Obligor to perform under the Agreement, the insurer shall pay on behalf of the Obligor any sums the Obligor is legally obligated to pay and any service that the Obligor is legally obligated to perform. Termination of the reimbursement policy shall not occur until a notice of termination has been mailed or delivered to the Director of the Department of Consumer and Business Services. This notice must be mailed or delivered at least 30 days prior to the date of termination. CANCELLATION section is amended as follows: You, the Service Agreement Holder may apply for reimbursement directly to the insurer if a refund or credit is not paid before the 46th day after the date on which Your Agreement is returned to the provider. ARBITRATION section of this Agreement is removed.

  • Minnesota CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within thirty (30) days of receipt of returned Service Agreement. Mississippi: ARBITRATION section of this Agreement is removed.

  • Utah This Agreement is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Agreement is not guaranteed by the Utah Property and Casualty Guaranty Association. Proof of loss should be furnished by You to the Administrator as soon as reasonably possible. Failure to furnish such notice or proof within the time required by this Agreement does not invalidate or reduce a claim. CANCELLATION section is amended as follows: We can cancel this Agreement during the first sixty (60) days of the initial annual term by mailing to You a notice of cancellation at least thirty (30) days prior to the effective date of cancellation except that We can also cancel this Agreement during such time period for non-payment of premium by mailing You a notice of cancellation at least ten (10) days prior to the effective date of cancellation. After sixty (60) days have elapsed, We may cancel this Agreement by mailing a cancellation notice to You at least ten (10) days prior to the cancellation date for non-payment of premium and thirty (30) days prior to the cancellation date for any of the following reasons: (a) material misrepresentation, (b) substantial change in the risk assumed, unless the We should reasonably have foreseen the change or contemplated the risk when entering into the Agreement or (c) substantial breaches of contractual duties, conditions, or warranties. The notice of cancellation must be in writing to You at Your last known address and contain all of the following: (1) the Agreement number, (2) the date of notice, (3) the effective date of the cancellation and, (4) a detailed explanation of the reason for cancellation. Any matter in dispute between You and the company may be subject to arbitration as an alternative to court action pursuant to the rules of (the American Arbitration Association or other recognized arbitrator), a copy of which is available on request from the company. Any decision reached by arbitration shall be binding upon both You and the company. The arbitration award may include attorney's fees if allowed by state law and may be entered as a judgment in any court of proper jurisdiction.

  • Wyoming CANCELLATION section is amended as follows: A ten percent (10%) penalty per month shall be applied to refunds not paid or credited within forty-five (45) days of receipt of returned Service Agreement. ARBITRATION section of this Agreement is removed.

  • Massachusetts Law This Agreement and all rights and obligations hereunder, including matters of construction, validity, and performance, shall be governed by the laws of The Commonwealth of Massachusetts.

  • State of California Public Liability and Workers’ Compensation Program A. The Judicial Council has elected to be self-insured for its motor vehicle, aircraft liability and general liability exposures.

  • Georgia Coverage is effective upon the expiration of the shortest portion of the manufacturer’s warranty. In the “WHAT IS NOT COVERED” section of this Agreement, exclusion (E) is removed and replaced with: Any and all pre-existing conditions known by You that occur prior to the effective date of this Agreement and/or any sold “AS- IS” including but not limited to floor models, demonstration models, etc. CANCELLATION section is amended as follows: If You cancel after thirty (30) days of receipt of Your Agreement, You will receive a pro rata refund of the Agreement price. In the event of cancellation by US, notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Code of Georgia. Claims paid and cancellation fees shall not be deducted from any refund owed as a result of cancellation. Any refund owed and not paid as required is subject to a penalty equal to twenty-five percent (25%) of the refund owed and interest of eighteen percent (18%) per year until paid; however, such penalty shall not exceed fifty percent (50%) of the amount of the refund. We may not cancel this Agreement except for fraud, material misrepresentation, or non-payment by You. ARBITRATION section of this Agreement is removed.

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