Common use of IT Equipment Clause in Contracts

IT Equipment. Without limiting the Subcontractor’s obligations under the Subcontract, the Subcontractor warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Subcontract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Subcontract Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth’s nor the Contractor’s systems as a result of the supply by the Subcontractor of any IT Equipment or as a result of any other act or omission of the Subcontractor arising out of or in connection with carrying out the Subcontractor’s Activities and the Subcontract Works. Without limiting clause 8.6, the Subcontractor must assign to the Contractor or the Commonwealth (as directed), the benefits of warranties given by any supplier from whom the Subcontractor sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Subcontractor becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause 18.4 does not in any way relieve the Subcontractor of the obligation to comply with warranties given by the Subcontractor under the Subcontract. Privacy The Subcontractor must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of the Subcontract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the Subcontractor for the purposes of, under, arising out of or in connection with the Subcontract only for the purposes of fulfilling its obligations under the Subcontract; not disclose Personal Information received, created or held by the Subcontractor for the purposes of, under, arising out of or in connection with the Subcontract without the prior written approval of the Contractor’s Representative; not collect, transfer, store or otherwise use Personal Information received, created or held by the Subcontractor for the purposes of, under, arising out of or in connection with the Subcontract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the Contractor’s Representative; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the Contractor’s Representative in relation to the management of Personal Information in connection with the Subcontract; ensure that any person whom the Subcontractor allows to access Personal Information which is received, created or held by the Subcontractor for the purposes of, under, arising out of or in connection with the Subcontract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the Subcontractor for the purposes of, under, arising out of or in connection with the Subcontract are, at the expiration or earlier termination of the Subcontract, at the Contractor’s Representative’s election, to be either returned to the Contractor or deleted or destroyed in the presence of a person duly authorised by the Contractor’s Representative to oversee such deletion or destruction; agree to the naming or other identification of the Subcontractor in reports by the Federal Privacy Commissioner; ensure that any subsubcontract made in connection with the Subcontract contains enforceable obligations requiring the subsubcontractor to comply with the Subcontractor’s obligations arising out of clause 18.5, as if the subsubcontractor were the Subcontractor; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the Contractor’s Representative may give; not use Personal Information collected by the Subcontractor for the purposes of, under, arising out of or in connection with the Subcontract for, or in any way relating to, any direct marketing purpose; and indemnify the Contractor in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Contractor arising out of or in connection with: a breach of the obligations of the Subcontractor under clause 18.5; a breach of a subsubcontractor’s obligations under a subsubcontract as contemplated by subparagraph (xi); the misuse of Personal Information held for the purposes of, under, arising out of or in connection with the Subcontract by the Subcontractor or a subsubcontractor; or the disclosure of Personal Information held for the purposes of, under, arising out of or in connection with the Subcontract by the Subcontractor or a subsubcontractor in breach of an obligation of confidence. For the purposes of paragraph (a)(xiv), costs, expenses, losses, damages or liabilities includes any compensation paid to a person by or on behalf of the Contractor to settle a complaint arising out of or in connection with a breach of clause 18.5. The Subcontractor must immediately notify the Contractor's Representative in writing if the Subcontractor: becomes aware of a breach of the obligations under clause 18.5 by itself or by a subsubcontractor; becomes aware of a breach of a subsubcontractor’s obligations under a subsubcontract as contemplated by paragraph (a)(xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subsubcontractor has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Subcontractor acknowledges that, in addition to the requirements of clause 18.5, the Subcontractor may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause 18.5 limits any of the Subcontractor’s obligations under the Subcontract or otherwise at law or in equity. In clause 18.5, received includes collected. Moral Rights To the extent permitted by law, the Subcontractor: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and subsubcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person’s Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Subcontract Works by: the Contractor; any third party to whom the Contractor sub-licenses (whether that sub-licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Subcontract Works (Sub-Licensee); any third party to whom the Contractor assigns any Intellectual Property Rights in the Project Documents or the Subcontract Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, the Contractor, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Subcontractor’s or any other person’s authorship of the Project Documents or the Subcontract Works; falsely attributing authorship of the Project Documents or the Subcontract Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Subcontract Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Subcontract Works; or it is prejudicial to the honour or reputation of the Subcontractor or any other author of the Project Documents or the Subcontract Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, the Contractor, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Subcontract Works other than for the purpose for which it was intended at the time the Project Document was or the Subcontract Works were created; altering the Project Documents or the Subcontract Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Subcontract Works, including by combining elements of the Project Documents or the Subcontract Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Subcontract Works), whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Subcontractor must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Subcontract Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Subcontract Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Subcontract Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause 18.6 the sum of $1 on behalf of the Contractor; within 7 days of a Moral Rights Consent having been executed in accordance with clause 18.6, provide the Moral Rights Consent to the Contractor’s Representative; and maintain an up-to-date record of the names and addresses of each person who is an author of a Project Document or any part of the Subcontract Works, and the Project Document or any part of the Subcontract Works of which each such person is an author, and provide a copy of the record to the Contractor’s Representative whenever it is updated. Freedom of Information The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Subcontractor acknowledges that Commonwealth requirements and policies will require certain identifying details of the Subcontract to be made available to the public via the internet. Long Service Leave Clause 18.8 only applies if the Long Service Leave Legislation applies to the Subcontractor’s Activities. Without limiting the Subcontractor’s obligations under the Subcontract or otherwise at law or in equity, the Subcontractor must comply with its obligations under the Long Service Leave Legislation. If required by the Long Service Leave Legislation, the Subcontractor must pay any levy, charge, contribution or associated amount in respect of the Subcontractor’s Activities. Any amount paid by the Subcontractor under paragraph (b) is deemed to be included in the Subcontract Price and the Subcontractor will have no Claim against the Contractor arising out of or in connection with its obligations under clause 18.8 or the Long Service Leave Legislation.

IT Equipment. Without limiting the Subcontractor’s obligations under the Subcontract, the Subcontractor warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Subcontract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Subcontract Works, will not be adversely affected by the date; and no virus will be introduced into the Commonwealth’s nor the Contractor’s systems as a result of the supply by the Subcontractor of any IT Equipment or as a result of any other act or omission of the Subcontractor arising out of or in connection with carrying out the Subcontractor’s Activities and the Subcontract Works. Without limiting clause 8.6, the Subcontractor must assign to the Contractor or the Commonwealth (as directed), the benefits of warranties given by any supplier from whom the Subcontractor sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Subcontractor becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause 18.4 does not in any way relieve the Subcontractor of the obligation to comply with warranties given by the Subcontractor under the Subcontract. Privacy The Subcontractor must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of the Subcontract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the Subcontractor under, for the purposes of, under, arising out of or in connection with the Subcontract only for the purposes of fulfilling its obligations under the Subcontract; not disclose Personal Information received, created or held by the Subcontractor under, for the purposes of, under, arising out of or in connection with the Subcontract without the prior written approval of the Contractor’s Representative; not collect, transfer, store or otherwise use Personal Information received, created or held by the Subcontractor under, for the purposes of, under, arising out of or in connection with the Subcontract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the Contractor’s Representative; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the Contractor’s Representative in relation to the management of Personal Information in connection with the Subcontract; ensure that any person whom the Subcontractor allows to access Personal Information which is received, created or held by the Subcontractor under, for the purposes of, under, arising out of or in connection with the Subcontract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the Subcontractor under, for the purposes of, under, arising out of or in connection with the Subcontract are, at the expiration or earlier termination of the Subcontract, at the Contractor’s Representative’s election, to be either returned to the Contractor or deleted or destroyed in the presence of a person duly authorised by the Contractor’s Representative to oversee such deletion or destruction; agree to the naming or other identification of the Subcontractor in reports by the Federal Privacy Commissioner; ensure that any subsubcontract made in connection with the Subcontract contains enforceable obligations requiring the subsubcontractor to comply with the Subcontractor’s obligations arising out of clause 18.5, as if the subsubcontractor were the Subcontractor; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the Contractor’s Representative may give; not use Personal Information collected by the Subcontractor under, for the purposes of, under, arising out of or in connection with the Subcontract for, or in any way relating to, any direct marketing purpose; and indemnify the Contractor in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Contractor arising out of or in connection with: a breach of the obligations of the Subcontractor under clause 18.5; a breach of a subsubcontractor’s obligations under a subsubcontract as contemplated by subparagraph (xi); the misuse of Personal Information held under, for the purposes of, under, arising out of or in connection with the Subcontract by the Subcontractor or a subsubcontractor; or the disclosure of Personal Information held under, for the purposes of, under, arising out of or in connection with the Subcontract by the Subcontractor or a subsubcontractor in breach of an obligation of confidence. For the purposes of paragraph (a)(xiv), costs, expenses, losses, damages or liabilities includes any compensation paid to a person by or on behalf of the Contractor to settle a complaint arising out of or in connection with a breach of clause 18.5. The Subcontractor must immediately notify the Contractor's Representative Contractor in writing if the Subcontractor: becomes aware of a breach of the obligations under clause 18.5 by itself or by a subsubcontractor; becomes aware of a breach of a subsubcontractor’s obligations under a subsubcontract as contemplated by paragraph (a)(xi); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subsubcontractor has been approached or contacted by, the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Subcontractor acknowledges that, in addition to the requirements of clause 18.5, the Subcontractor may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause 18.5 limits any of the Subcontractor’s obligations under the Subcontract or otherwise at law or in equity. In clause 18.5, received includes collected. Moral Rights To the extent permitted by law, the Subcontractor: must not, and must take all reasonable steps to ensure that its directors, other officers, employees and subsubcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person’s Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Subcontract Works by: the Contractor; any third party to whom the Contractor sub-licenses (whether that sub-licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Subcontract Works (Sub-Licensee); any third party to whom the Contractor assigns any Intellectual Property Rights in the Project Documents or the Subcontract Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, the Contractor, Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Subcontractor’s or any other person’s authorship of the Project Documents or the Subcontract Works; falsely attributing authorship of the Project Documents or the Subcontract Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Subcontract Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Subcontract Works; or it is prejudicial to the honour or reputation of the Subcontractor or any other author of the Project Documents or the Subcontract Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, the Contractor, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Subcontract Works other than for the purpose for which it was intended at the time the Project Document was or the Subcontract Works were created; altering the Project Documents or the Subcontract Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Subcontract Works, including by combining elements of the Project Documents or the Subcontract Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Subcontract Works), whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Subcontractor must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Subcontract Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Subcontract Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Subcontract Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause 18.6 the sum of $1 on behalf of the Contractor; within 7 days of a Moral Rights Consent having been executed in accordance with clause 18.6, provide the Moral Rights Consent to the Contractor’s Representative; and maintain an up-to-date record of the names and addresses of each person who is an author of a Project Document or any part of the Subcontract Works, and the Project Document or any part of the Subcontract Works of which each such person is an author, and provide a copy of the record to the Contractor’s Representative whenever it is updated. Freedom of Information The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Subcontractor acknowledges that Commonwealth requirements and policies will require certain identifying details of the Subcontract to be made available to the public via the internet. Long Service Leave Clause 18.8 only applies if the Long Service Leave Legislation applies to the Subcontractor’s Activities. Without limiting the Subcontractor’s obligations under the Subcontract or otherwise at law or in equity, the Subcontractor must comply with its obligations under the Long Service Leave Legislation. If required by the Long Service Leave Legislation, the Subcontractor must pay any levy, charge, contribution or associated amount in respect of the Subcontractor’s Activities. Any amount paid by the Subcontractor under paragraph (b) is deemed to be included in the Subcontract Price and the Subcontractor will have no Claim against the Contractor arising out of or in connection with its obligations under clause 18.8 or the Long Service Leave Legislation.

IT Equipment. Without limiting the SubcontractorSubconsultant’s obligations under the Subcontract, the Subcontractor Subconsultant warrants that: each item of IT Equipment: is free of defects in materials and workmanship; complies and operates in accordance with any technical or descriptive specifications of functional, operational, performance or other characteristics specified for that item of IT Equipment in the Subcontract or in any documentation accompanying that IT Equipment; and correctly interprets dates and correctly performs calculations or functions using dates and its operation, including with related IT Equipment and other parts of the Subcontract Works, will not be adversely affected by the date; and no virus will be introduced into the Consultant's or the Commonwealth’s nor the Contractor’s 's systems as a result of the supply by the Subcontractor Subconsultant of any IT Equipment or as a result of any other act or omission of the Subcontractor arising out of or Subconsultant in connection with carrying out the Subcontractor’s Activities and the Subcontract WorksServices. Without limiting clause 8.6, the Subcontractor The Subconsultant must assign to the Contractor or the Commonwealth (as directed), Consultant the benefits of warranties given by any supplier from whom the Subcontractor Subconsultant sources any IT Equipment and for that purpose must execute any instrument necessary to give effect to the assignment within 7 days of the Subcontractor Subconsultant becoming entitled to the benefit of such warranties. The assignment of a warranty pursuant to clause 18.4 16.4 does not in any way relieve the Subcontractor Subconsultant of the obligation to comply with warranties given by the Subcontractor Subconsultant under the Subcontract. Privacy The Subcontractor Subconsultant must: comply with its obligations under the Privacy Act; comply with the Australian Privacy Principles when doing any act or engaging in any practice for the purposes of the Subcontract, as if it were an agency as defined in the Privacy Act; use Personal Information received, created or held by the Subcontractor Subconsultant for the purposes of, under, arising out of or in connection with the Subcontract only for the purposes of fulfilling its obligations under the Subcontract; not disclose Personal Information received, created or held by the Subcontractor Subconsultant for the purposes of, under, arising out of or in connection with the Subcontract without the prior written approval of the Contractor’s Consultant's Representative; not collect, transfer, store or otherwise use Personal Information received, created or held by the Subcontractor Subconsultant for the purposes of, under, arising out of or in connection with the Subcontract outside Australia, or allow parties outside Australia to have access to it, without the prior written approval of the Contractor’s Consultant's Representative; co-operate with demands or inquiries made by the Federal Privacy Commissioner or the Contractor’s Consultant's Representative in relation to the management of Personal Information in connection with the Subcontract; ensure that any person whom the Subcontractor Subconsultant allows to access Personal Information which is received, created or held by the Subcontractor Subconsultant for the purposes of, under, arising out of or in connection with the Subcontract is made aware of, and undertakes in writing to observe, the Australian Privacy Principles, as if the person was an agency as defined in the Privacy Act; comply with policy guidelines laid down by the Commonwealth or issued by the Federal Privacy Commissioner from time to time relating to Personal Information; ensure that records (as defined in the Privacy Act) containing Personal Information received, created or held by the Subcontractor Subconsultant for the purposes of, under, arising out of or in connection with the Subcontract are, at the expiration or earlier termination of the Subcontract, at the Contractor’s Consultant's Representative’s 's election, to be either returned to the Contractor Consultant or deleted or destroyed in the presence of a person duly authorised by the Contractor’s Consultant's Representative to oversee such deletion or destruction; agree to the naming or other identification of the Subcontractor Subconsultant in reports by the Federal Privacy Commissioner; ensure that any subsubcontract made in connection with the Subcontract contains enforceable obligations requiring the subsubcontractor to comply with the Subcontractor’s obligations arising out of clause 18.5, as if the subsubcontractor were the Subcontractor; enforce the obligations referred to in subparagraph (xi) in accordance with such directions as the Contractor’s Representative may give; not use Personal Information collected by the Subcontractor Subconsultant for the purposes of, under, arising out of or in connection with the Subcontract for, or in any way relating to, any direct marketing purpose; and indemnify the Contractor Consultant in respect of all costs, expenses, losses, damages or liabilities suffered or incurred by the Contractor Consultant arising out of or in connection with: a breach of the obligations of the Subcontractor Subconsultant under clause 18.5; a breach of a subsubcontractor’s obligations under a subsubcontract as contemplated by subparagraph (xi)16.5; the misuse of Personal Information held for the purposes of, under, arising out of or in connection with the Subcontract by the Subcontractor or a subsubcontractorSubconsultant; or the disclosure of Personal Information held for the purposes of, under, arising out of or in connection with the Subcontract by the Subcontractor or a subsubcontractor Subconsultant in breach of an obligation of confidence. For the purposes of paragraph (a)(xiva)(xii), costs, expenses, losses, damages or liabilities includes any compensation paid to a person by or on behalf of the Contractor Consultant to settle a complaint arising out of or in connection with a breach of clause 18.516.5. The Subcontractor Subconsultant must immediately notify the Contractor's Representative Consultant in writing if the SubcontractorSubconsultant: becomes aware of a breach of the obligations under clause 18.5 by itself or by a subsubcontractor; becomes aware of a breach of a subsubcontractor’s obligations under a subsubcontract as contemplated by paragraph (a)(xia); becomes aware that a disclosure of Personal Information may be required by law; or is approached or contacted by, or becomes aware that a subsubcontractor has been approached or contacted by, by the Federal Privacy Commissioner or by a person claiming that their privacy has been interfered with. The Subcontractor Subconsultant acknowledges that, in addition to the requirements of clause 18.516.5, the Subcontractor Subconsultant may also be obliged to comply with other obligations in relation to the handling of Personal Information, including State and Territory legislation. Nothing in clause 18.5 16.5 limits any of the Subcontractor’s Subconsultant's obligations under the Subcontract or otherwise at law or in equity. In clause 18.516.5, received includes collected. Moral Rights To the extent permitted by law, the SubcontractorSubconsultant: must not, and must take all reasonable steps to ensure that its directors, other officers, officers and employees and subsubcontractors do not, sue, enforce any claim, bring any action or exercise any remedy in respect of any breach or alleged breach of any person’s 's Moral Rights (whether before or after the Award Date) in respect of the Project Documents or the Subcontract Works by: the ContractorConsultant; any third party to whom the Contractor Consultant sub-licenses (whether that sub-licence is express or implied), or grants any other right to use, possess, modify, vary or amend any Project Documents or the Subcontract Works (Sub-Licensee); any third party to whom the Contractor Consultant assigns any Intellectual Property Rights in the Project Documents or the Subcontract Works (Assignee); or any Other Contractors; without limiting subparagraph (i), consents to any of the Commonwealth, the Contractor, Consultant or Other Contractors, Sub-Licensees and Assignees: failing to acknowledge or attribute the Subcontractor’s Subconsultant's or any other person’s 's authorship of the Project Documents or the Subcontract Works; falsely attributing authorship of the Project Documents or the Subcontract Works; and making any modification, variation or amendment of any nature whatsoever to the Project Documents or the Subcontract Works, whether or not: it results in a material distortion of or destruction or mutilation of the Project Documents or the Subcontract Works; or it is prejudicial to the honour or reputation of the Subcontractor Subconsultant or any other author of the Project Documents or the Subcontract Works; and without limiting subparagraphs (i) and (ii), consents to any of the Commonwealth, the ContractorConsultant, Other Contractors, Sub-Licensees and Assignees: using the Project Documents or the Subcontract Works other than for the purpose for which it was intended at the time the Project Document was or the Subcontract Works were created; altering the Project Documents or the Subcontract Works by adding to or removing elements from, or rearranging elements of, the Project Documents or the Subcontract Works, including by combining elements of the Project Documents or the Subcontract Works with any other material; or changing, relocating, demolishing or destroying any building or any artistic work affixed to or forming part of a building (including the Subcontract Works), ) whether or not it incorporates, is based on, or is constructed in accordance with, the Project Documents. The Subcontractor Subconsultant must: in respect of any person who is or may be an author (for the purposes of the Copyright Act 1968 (Cth)) of a Project Document or any part of the Subcontract Works, obtain from that person, before he or she creates a Project Document or the relevant part of the Subcontract Works, a duly completed and executed Moral Rights Consent; ensure that no person creates a Project Document or any part of the Subcontract Works before that person has duly completed and executed a Moral Rights Consent; not coerce any person to complete or execute a Moral Rights Consent; pay to each person who executes a Moral Rights Consent in accordance with clause 18.6 16.6 the sum of $1 on behalf of the ContractorConsultant; within 7 days of a Moral Rights Consent having been executed in accordance with clause 18.616.6, provide the Moral Rights Consent to the Contractor’s Consultant's Representative; and maintain an up-to-date record of the names and addresses of each person who is an author of a Project Document Documents or any part of the Subcontract Works, Works and the Project Document Documents or any part of the Subcontract Works of which each such person is an author, and provide a copy of the record to the Contractor’s Consultant's Representative whenever it is updated. Freedom of Information The Freedom of Information Act 1982 (Cth) (FOI Act) gives members of the public rights of access to official documents of the Commonwealth Government and its agencies. The FOI Act extends, as far as possible, rights to access information (generally documents) in the possession of the Commonwealth Government, limited only by considerations for the protection of essential public interest and of the private and business affairs of persons in respect of whom information is collected and held by departments and public authorities. The Subcontractor Subconsultant acknowledges that Commonwealth requirements and policies will require certain identifying details of the Subcontract to be made available to the public via the internet. Long Service Leave Clause 18.8 only applies if the Long Service Leave Legislation applies to the Subcontractor’s Activities. Without limiting the Subcontractor’s obligations under the Subcontract or otherwise at law or in equity, the Subcontractor must comply with its obligations under the Long Service Leave Legislation. If required by the Long Service Leave Legislation, the Subcontractor must pay any levy, charge, contribution or associated amount in respect of the Subcontractor’s Activities. Any amount paid by the Subcontractor under paragraph (b) is deemed to be included in the Subcontract Price and the Subcontractor will have no Claim against the Contractor arising out of or in connection with its obligations under clause 18.8 or the Long Service Leave Legislation.