Machinery Provisions Clause Samples

Machinery Provisions. 20.1 This Agreement is governed by the laws of the Australian Capital Territory and the SRU and AMSA irrevocably submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. 20.2 This Agreement may not be varied or supplemented, except in writing signed by both the SRU and AMSA. 20.3 Any failure by either party to exercise, or delay by either party in exercising, any right against the other party under this Agreement cannot be taken as a waiver of the right or as an election not to exercise that right or any other right. 20.4 The SRU must not, without the prior written approval of AMSA, subcontract the performance of the whole or any part of the SAR Services. In giving written approval, AMSA may impose such terms and conditions as it thinks fit, noting that: The SRU is wholly responsible for the performance of the SAR Services notwithstanding that the SRU has subcontracted the performance of any part of those SAR Services. Despite any approval given by AMSA, the SRU must exercise care in selection of a Subcontractor and is responsible for ensuring the suitability of a Subcontractor for the proper performance of the SAR Services proposed to be carried out by the Subcontractor, and for ensuring that the performance of the Services meets the requirements of this Agreement. 20.5 This Agreement may be executed in any number of counterparts and each counterpart when so executed will be an original but all of which taken together will be deemed to constitute one and the same instrument. 20.6 Nothing in this Agreement prevents AMSA from engaging persons other than the SRU to provide services of any kind in relation to any matter. 20.7 This Agreement sets out the entire agreement between AMSA and the SRU in relation to the subject matter and supersedes any previous correspondence, agreement, arrangement or understanding. The SRU, must not assign, in whole or in part, its rights and obligations under this Agreement without the prior written approval of AMSA. Each provision of this Agreement and each part thereof will, unless the context otherwise necessarily requires it, be read and construed as a separate and severable provision or part. If any provision or part thereof is void or otherwise unenforceable for any reason, that provision or part (as the case may be) will be severed and the remainder will be read and construed as if the severable provision or part had never existed.