Common use of Commonwealth Risk Clause in Contracts

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.