Common use of Further Procedures Clause in Contracts

Further Procedures. Where clause 15.17 applies, the following provisions also apply: the Contractor must not without the prior consent of the Subcontractor (acting reasonably) agree to a settlement with the Commonwealth or any other relevant person of the Subcontractor’s dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the Subcontractor's dispute or difference as between the Commonwealth and the Contractor: if the determination is not final and binding upon the Contractor: the Contractor is not obliged to appeal against that determination unless the Subcontractor gives a notice to the Contractor requiring such an appeal: within such time as to reasonably enable the Contractor to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the Contractor; and if the determination is final and binding upon the Contractor, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any claim which they may have arising out of or in any way in connection with the subject matter of the Subcontractor's dispute or difference insofar as the determination relates to the dispute or difference. Continuation of Subcontractor's Activities Despite the existence of a dispute or difference between the parties the Subcontractor must: continue to carry out the Subcontractor's Activities and the Subcontract Works; and otherwise comply with its obligations under the Subcontract.

Appears in 4 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

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Further Procedures. Where clause 15.17 applies, the following provisions also apply: the Contractor must not without the prior consent of the Subcontractor (acting reasonably) agree to a settlement with the Commonwealth or any other relevant person of the Subcontractor’s dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the Subcontractor's ’s dispute or difference as between the Commonwealth and the Contractor: if the determination is not final and binding upon the Contractor: the Contractor is not obliged to appeal against that determination unless the Subcontractor gives a notice to the Contractor requiring such an appeal: within such time as to reasonably enable the Contractor to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the Contractor; and if the determination is final and binding upon the Contractor, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any claim Claim which they may have arising out of or in any way in connection with the subject matter of the Subcontractor's ’s dispute or difference insofar as the determination relates to the dispute or difference. Continuation of Subcontractor's ’s Activities Despite the existence of a dispute or difference between the parties the Subcontractor must: continue to carry out the Subcontractor's ’s Activities and the Subcontract Works; and otherwise comply with its obligations under the Subcontract.

Appears in 4 contracts

Samples: Formal Agreement, Formal Agreement, Formal Agreement

Further Procedures. Where clause 15.17 applies, the following provisions also apply: the Contractor must not without the prior consent of the Subcontractor (acting reasonably) agree to a settlement with the Commonwealth or any other relevant person of the Subcontractor’s dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the Subcontractor's dispute or difference as between the Commonwealth and the Contractor: if the determination is not final and binding upon the Contractor: the Contractor is not obliged to appeal against that determination unless the Subcontractor gives a notice to the Contractor requiring such an appeal: within such time as to reasonably enable the Contractor to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the Contractor; and if the determination is final and binding upon the Contractor, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any claim Claim which they may have arising out of or in any way in connection with the subject matter of the Subcontractor's dispute or difference insofar as the determination relates to the dispute or difference. Continuation of Subcontractor's Activities Despite the existence of a dispute or difference between the parties the Subcontractor must: continue to carry out the Subcontractor's Activities and the Subcontract WorksActivities; and otherwise comply with its obligations under the Subcontract.

Appears in 1 contract

Samples: Formal Agreement

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Further Procedures. Where clause 15.17 applies, the following provisions also apply: the Contractor must not without the prior consent of the Subcontractor (acting reasonably) agree to a settlement with the Commonwealth or any other relevant person of the Subcontractor’s dispute or difference; and where a determination is made by an expert, an arbitrator or a court in relation to the Subcontractor's dispute or difference as between the Commonwealth and the Contractor: if the determination is not final and binding upon the Contractor: the Contractor is not obliged to appeal against that determination unless the Subcontractor gives a notice to the Contractor requiring such an appeal: within such time as to reasonably enable the Contractor to comply with any relevant requirements relating to the time for commencement of such appeals; and which contains any particulars required to reasonably enable the Contractor to progress the appeal in accordance with any relevant requirements; and the parties will be bound by and are to give effect to the determination including any findings as to law or fact unless and until it is reversed, overturned or otherwise changed on appeal as between the Commonwealth and the Contractor; and if the determination is final and binding upon the Contractor, the parties: will be bound by and are to give effect to the determination including any findings as to law or fact; and release each other from any claim which they may have arising out of or in any way in connection with the subject matter of the Subcontractor's dispute or difference insofar as the determination relates to the dispute or difference. Continuation of Subcontractor's Activities Despite the existence of a dispute or difference between the parties the Subcontractor must: continue to carry out the Subcontractor's Activities and the Subcontract WorksActivities; and otherwise comply with its obligations under the Subcontract.

Appears in 1 contract

Samples: Formal Agreement

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