Implementation of Commonwealth Terms. The Grantee must ensure that each Commercialisation Agreement entered into by the Grantee contains terms which give full effect to the Commonwealth Terms to the satisfaction of the Commonwealth. Without limitation, if required by, and at the election of, the Commonwealth (in its absolute discretion), the Grantee must ensure that: under any and all Commercialisation Agreements the Grantee holds the Commonwealth Terms in the Commercialisation Agreements for the benefit of and on trust for the Commonwealth, such that those terms may be directly enforced by the Commonwealth against the other parties to the Commercialisation Agreement; under any and all Commercialisation Agreements any claim, enforcement right or cause of action arising out of or in relation to the Commonwealth Terms may be assigned in favour of the Commonwealth as and when directed by the Commonwealth without the consent of any party to the relevant Commercialisation Agreement so that the Commonwealth may enforce the Commonwealth Terms in its own right against any and all relevant parties to the Commercialisation Agreement (and, in this respect, the Grantee will execute, or procure the execution of, any documentation required to give effect to such assignment as required by the Commonwealth); and each party to any and all Commercialisation Agreements provides an enforceable undertaking to the Commonwealth under which it irrevocably agrees to comply with the relevant Commonwealth Terms, each to the satisfaction of the Commonwealth.
