Drafting Notes the template includes drafting notes to aid use in the preparation of a contract between the parties. These should be removed before the contract is executed. The template assumes that the parties are familiar with the DSDM Agile Project Framework. References in the notes to the "Handbook" are references to the DSDM Agile Project Framework Handbook. The template does not describe the process or the principles on which its clauses are based and reference should be made to the Handbook as necessary. We recommend that the parties should complete the Project Approach Questionnaire (Handbook, Appendix B) before using the DSDM Agile Project Framework. If this indicates that the parties are, or will be, aligned in their understanding of the statements contained in the questionnaire then this template will provide the most suitable model for their contract. It is also recommended that the parties should revisit the questionnaire periodically (e.g. after the Feasibility or Foundations Phases) to confirm that the approach remains applicable. The template is intended to be used between two legally distinct parties, though it could also be used within a single legal body with distinct functional allocations. It therefore assumes that the Pre-Project and Post-Project Phases described in Chapter 6 of the Handbook will be conducted by the Customer outside the scope of the Contract. The template provides for the conduct of the other phases. The template also anticipates that the parties will need to amend the Contract to meet the specific requirements of the Project by completing, for example details such as the definition of "Commencement Date"; specialist legal advice may be required on the impact of making changes to clauses or sections.] CONTENTS

Drafting Notes. 1. Note that this is only an example and may not be suitable for your purposes. It is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Legal advice should always be obtained before adopting any template, including this one.

Drafting Notes. In addition to the drafting notes appearing in [red italicised text] within the template, please note: SCI Terms and Conditions The Terms and Conditions (Clauses 1 to 24) are mandatory and must not be amended, unless specifically marked. If you wish to amend any of those terms and conditions, please speak to the SCI Centre Legal Team or consult the Legal Manual once available. Schedules Schedules 1 (Available Services), 2, (Purchase Order Form/Scope of Work Template) and 3 (Reference Charges and Payment Terms) should be completed by the SCI office setting up the framework relationship. Schedules 4 (Mandatory Policies) and 5 (Data Protection) are mandatory and must not be removed, replaced or amended unless specifically marked. Clause 4 of the Agreement – Price for the Services The template has been designed on the basis that fees and charges for services will be agreed at the outset and fixed for the duration of the framework agreement. If for a particular order the price has to be varied (for instance the cost of providing services in a particular area is higher), then the parties will have to document the variation in writing in the relevant ordering document (Purchase Order or Scope of Work).

Drafting Notes. Drafting Note to Section 1. The Change Order should clearly and fully set forth all the agreed upon changes to the Services Agreement. Counsel will want to carefully review the changes and ensure that they do not conflict with any other terms of the parties’ agreement. Also consider how the changes will impact other terms and conditions of the agreement, and make sure the change order adequately addresses such issues. Drafting Note to Section 2. Counsel for the service provider will need to determine from the client whether the agreed upon changes will impact the completion date for the services. If the changes will delay performance, then the Change Order should provide additional time for the service provider to finish the project. Counsel for the customer will want to ensure that any extension of contract deadlines are reasonable under the circumstances. Drafting Note to Section 3. Any changes in the manner in which the services will be performed as a result of the Change Order (if any) should be spelled out in the document. This may entail utilizing different personnel or materials than specified in the agreement, or employing different methods or procedure than had been previously agreed to by the parties.

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Drafting Note The below budget is provided to the Recipient as a guide with respect to the form of the Budget required by ARENA. Details to be updated as required for the Project, for example insert additional columns where there are additional Milestones or insert a new row under ‘Income’ where there is more than one Project Participant.] [Drafting note: Recipient and Other Contributions to be checked by ARENA against the original approval documents] All amounts in the table below are in AUD and GST exclusive.
Drafting The parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
Joint Drafting The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Mutual Drafting This Agreement is the joint product of the Subscriber and the Company and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.
Drafting Party The provisions of this Agreement, and the documents and instruments referred to herein, have been examined, negotiated, drafted and revised by counsel for each party hereto and no implication shall be drawn nor made against any party hereto by virtue of the drafting of this Agreement.
Drafting Ambiguities The parties acknowledge that they have the right to be advised by legal counsel with respect to the negotiations, terms and conditions of this Contract, and the decision of whether to seek advice of legal counsel with respect to this Contract is the sole responsibility of each party. This Contract shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Contract.
No Drafting Presumption The Parties acknowledge that their respective legal advisors have reviewed and participated in settling the terms of this Agreement and agree that any rule of construction to the effect that any ambiguity is to be resolved against the drafting Party shall not apply to the interpretation of this Agreement.
Legal Counsel; Mutual Drafting Each party recognizes that this is a legally binding contract and acknowledges and agrees that they have had the opportunity to consult with legal counsel of their choice. Each party has cooperated in the drafting, negotiation and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against either party on the basis of that party being the drafter of such language. The Executive agrees and acknowledges that he has read and understands this Agreement, is entering into it freely and voluntarily, and has been advised to seek counsel prior to entering into this Agreement and has had ample opportunity to do so.

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