Common use of Other Contributions Clause in Contracts

Other Contributions. 7.1.1. The Recipient must, within six (6) months of the date of the Agreement provide to the Commonwealth satisfactory written evidence that confirms the Other Contributions identified in Item C and detailed in Annexure B of the Schedule, including the amounts to be provided, the due dates for each of these amounts and the terms and conditions of the provision of the Other Contributions. 7.1.2. If, for any reason, the Recipient is not able to obtain the Other Contributions (including any part thereof) as required under this Agreement, then the Commonwealth may: a. suspend payment of the Funding or an instalment of the Funding until the Other Contributions are obtained (as the case may be); b. reduce the total Funding payable under this Agreement by an amount that, in the Commonwealth’s opinion, represents an equivalent proportion of the overall reduction in the total value of the Other Contributions (as the case may be) resulting from the failure; or c. terminate this Agreement in accordance with clause 17.2. 7.1.3. The Recipient must notify the Commonwealth in writing as soon as possible after it becomes aware of any likely or actual failure (for any reason) to obtain the Other Contributions (including any part thereof) as required under this Agreement. 7.1.4. The Recipient agrees to notify the Commonwealth within 10 Business Days of entering into any arrangement under which the Recipient is entitled to receive any additional monetary or in-kind contributions in respect of the Project and Activity that are not identified as Other Contributions in Item C and Annexure B of the Schedule. Any such additional contribution that the Recipient becomes entitled to receive after the Date of this Agreement constitutes Other Contributions for the purposes of the Agreement (and Schedule 1 is deemed to be varied accordingly) on the date on which the Recipient notifies the Commonwealth of that contribution under this clause 7.1.4. 7.1.5. If the Recipient is provided with or obtains (and/or was required to provide or obtain) any Other Contributions and the cost of the completed Project is less than the Cost Estimate, the Commonwealth may give the Recipient notice requiring the Recipient to return to the Commonwealth, within the period specified in the notice, an amount equal to the Commonwealth’s Proportion of the Cost Savings. In this subclause 7.1.5, 'the Commonwealth’s Proportion of the Cost Savings’ means savings × % where: a. savings = (the Cost Estimate – the actual cost of the Project - any Funds previously repaid to the Commonwealth under this Agreement); and b. % = (the Funding ÷ (the maximum Funding + the maximum Other Contributions excluding any in-kind Other Contributions. 7.1.6. If the Recipient receives a notice given by the Commonwealth under subclause 18, the Recipient must comply with the notice within the period specified within the notice.

Other Contributions. 7.1.1. The Recipient must, within six (6) months of the date of the Agreement provide to the Commonwealth satisfactory written evidence that confirms the Other Contributions identified in Item C and detailed in Annexure B of the Schedule, including the amounts to be provided, the due dates for each of these amounts and the terms and conditions of the provision of the Other Contributions. 7.1.2. If, for any reason, the Recipient is not able to obtain the Other Contributions (including any part thereof) as required under this Agreement, then the Commonwealth may: a. : suspend payment of the Funding or an instalment of the Funding until the Other Contributions are obtained (as the case may be); b. ; reduce the total Funding payable under this Agreement by an amount that, in the Commonwealth’s opinion, represents an equivalent proportion of the overall reduction in the total value of the Other Contributions (as the case may be) resulting from the failure; or c. or terminate this Agreement in accordance with clause 17.2. 7.1.3. The Recipient must notify the Commonwealth in writing as soon as possible after it becomes aware of any likely or actual failure (for any reason) to obtain the Other Contributions (including any part thereof) as required under this Agreement. 7.1.4. The Recipient agrees to notify the Commonwealth within 10 Business Days of entering into any arrangement under which the Recipient is entitled to receive any additional monetary or in-kind contributions in respect of the Project and Activity that are not identified as Other Contributions in Item C and Annexure B of the Schedule. Any such additional contribution that the Recipient becomes entitled to receive after the Date of this Agreement constitutes Other Contributions for the purposes of the Agreement (and Schedule 1 is deemed to be varied accordingly) on the date on which the Recipient notifies the Commonwealth of that contribution under this clause 7.1.4. 7.1.5. If the Recipient is provided with or obtains (and/or was required to provide or obtain) any Other Contributions and the cost of the completed Project is less than the Cost Estimate, the Commonwealth may give the Recipient notice requiring the Recipient to return to the Commonwealth, within the period specified in the notice, an amount equal to the Commonwealth’s Proportion of the Cost Savings. In this subclause 7.1.5, 'the Commonwealth’s Proportion of the Cost Savings’ means savings × % where: a. savings = (the Cost Estimate – the actual cost of the Project - any Funds previously repaid to the Commonwealth under this Agreement); and b. % = (the Funding ÷ (the maximum Funding + the maximum Other Contributions excluding any in-kind Other Contributions. 7.1.6. If the Recipient receives a notice given by the Commonwealth under subclause 18, the Recipient must comply with the notice within the period specified within the notice.

Other Contributions. 7.1.1. The Recipient must, within six (6) months of the date of the Agreement provide to the Commonwealth satisfactory written evidence that confirms the Other Contributions identified in Item C and detailed in Annexure B of the Schedule, including the amounts to be provided, the due dates for each of these amounts and the terms and conditions of the provision of the Other Contributions. 7.1.2. If, for any reason, the Recipient is not able to obtain the Other Contributions (including any part thereof) as required under this Agreement, then the Commonwealth may: a. : suspend payment of the Funding or an instalment of the Funding until the the Other Contributions are obtained (as the case may be); b. ; reduce the total Funding payable under this Agreement by an amount that, in the Commonwealth’s opinion, represents an equivalent proportion of the overall reduction in the total value of the Other Contributions (as the case may be) resulting from the failure; or c. or terminate this Agreement in accordance with clause 17.2. 7.1.3. The Recipient must notify the Commonwealth in writing as soon as possible after it becomes aware of any likely or actual failure (for any reason) to obtain the Other Contributions (including any part thereof) as required under this Agreement. 7.1.4. The Recipient agrees to notify the Commonwealth within 10 Business Days of entering into any arrangement under which the Recipient is entitled to receive any additional monetary or in-kind contributions in respect of the Project and Activity that are not identified as Other Contributions in Item C and Annexure B of the Schedule. Any such additional contribution that the Recipient becomes entitled to receive after the Date of this Agreement constitutes Other Contributions for the purposes of the Agreement (and Schedule 1 is deemed to be varied accordingly) on the date on which the Recipient notifies the Commonwealth of that contribution under this clause 7.1.4. 7.1.5. If the Recipient is provided with or obtains (and/or was required to provide or obtain) any Other Contributions and the cost of the completed Project is less than the Cost Estimate, the Commonwealth may give the Recipient notice requiring the Recipient to return to the Commonwealth, within the period specified in the notice, an amount equal to the Commonwealth’s Proportion of the Cost Savings. In this subclause 7.1.5, 'the Commonwealth’s Proportion of the Cost Savings’ means savings × % where: a. savings = (the Cost Estimate – the actual cost of the Project - any Funds previously repaid to the Commonwealth under this Agreement); and b. % = (the Funding ÷ (the maximum Funding + the maximum Other Contributions excluding any in-kind Other Contributions. 7.1.6. If the Recipient receives a notice given by the Commonwealth under subclause 18, the Recipient must comply with the notice within the period specified within the notice.

Other Contributions. 7.1.1. The Recipient must, within six (6a) months It is a condition precedent to the payment of the date of Funds under this Agreement that: (i) the Agreement Recipient must provide to the Commonwealth satisfactory Recipient’s Contributions (if any); (ii) if requested by the Department, the Recipient must provide the Department with written evidence that confirms the persons specified in the Project Budget will provide the Other Contributions identified in Item C and detailed in Annexure B of the ScheduleContributions, including the amounts to be provided, the due dates for each of these amounts and the terms and conditions of the provision of the Other Contributions; and (iii) the basis on which the Other Contributions are to be provided is satisfactory to the Department. 7.1.2. (b) The Recipient must ensure that the terms on which any other funding or contributions are provided to the Recipient for, or in connection with, the Project are not inconsistent with the terms of this Agreement and do not in any way limit or affect the Recipient's ability to comply strictly with its obligations, or the Department’s ability to exercise its rights, under this Agreement. (c) The Recipient must promptly notify the Department if the total value of the Recipient's Contributions or Other Contributions reduces, or if such a reduction is anticipated. (d) If, for any reason, : (i) the Department receives notice under clause 7.1(c); (ii) the Recipient does not provide the Recipient’s Contributions or provide them in time to enable completion of the Project; or (iii) the Recipient is not able to obtain the Other Contributions (including any part thereof) as required under this Agreementor obtain them in time to enable completion of the Project, then the Commonwealth Department may, in its absolute discretion: a. (iv) suspend payment of the Funding Funds or an instalment of the Funding Funds until the Recipient’s Contributions are provided or the Other Contributions are obtained (as the case may be)received; b. (v) reduce the total Funding payable under this Agreement by an amount that, in the Commonwealth’s opinion, represents an equivalent proportion of the overall reduction Funds, adopting the formula in clause 7.1(e), where R = the total value of the Other Contributions (as the case may be) resulting from the failurereduced amount; or c. (vi) terminate this Agreement in accordance with clause 17.219.1. 7.1.3. The Recipient must notify (e) If, on expiry of the Commonwealth in writing as soon as possible after it becomes aware Agreement Period or any earlier termination of any likely this Agreement, the Recipient’s Contributions and / or actual failure (for any reason) to obtain the Other Contributions have not been provided in full, the Department may (including any part thereofwithout limiting its rights) as required under this Agreement. 7.1.4. The require the Recipient agrees to notify refund to the Commonwealth Department within 10 20 Business Days of entering into any arrangement under which a written notice from the Recipient is entitled to receive any additional monetary or in-kind contributions in respect of the Project and Activity that are not identified as Other Contributions in Item C and Annexure B of the Schedule. Any such additional contribution that the Recipient becomes entitled to receive after the Date of this Agreement constitutes Other Contributions for the purposes of the Agreement (and Schedule 1 is deemed to be varied accordingly) on the date on which the Recipient notifies the Commonwealth of that contribution under this clause 7.1.4. 7.1.5. If the Recipient is provided with or obtains (and/or was required to provide or obtain) any Other Contributions and the cost of the completed Project is less than the Cost Estimate, the Commonwealth may give the Recipient notice requiring the Recipient to return to the Commonwealth, within the period specified in the noticeDepartment, an amount equal to the Commonwealth’s Proportion of the Cost Savings. In this subclause 7.1.5, 'the Commonwealth’s Proportion of the Cost Savings’ means savings × % where: a. savings = (the Cost Estimate – the actual cost of the Project - any Funds previously repaid to the Commonwealth under this Agreement); and b. % = (the Funding ÷ (the maximum Funding + the maximum Other Contributions excluding any in-kind Other Contributions. 7.1.6. If the Recipient receives a notice given by the Commonwealth under subclause 18, the Recipient must comply calculated in accordance with the notice within the period specified within the notice.following formula: R = OC – AC Where:

Other Contributions. 7.1.1‌ 7.2.1. The Recipient must ensure that the persons identified in Item D.2 provide the Other Contributions at the times and in the amounts specified in Item D.2. 7.2.2. The Recipient must, within six (6) months of 20 Business Days after a written request from the date of the Agreement Commonwealth to do so, provide to the Commonwealth satisfactory written evidence that confirms the Other Contributions persons identified in Item C and detailed in Annexure B of D.2 will provide the ScheduleOther Contributions, including the amounts to be provided, the due dates for each of these amounts and the terms and conditions of the provision of the Other Contributions. 7.1.27.2.3. If, for any reason, the Recipient fails to provide the Recipient Contributions (including any part thereof) or is not able to obtain the Other Contributions (including any part thereof) as required under this Agreement, then the Commonwealth may: a. suspend payment of the Funding or an instalment of the Funding until the Recipient Contributions are provided and/or the Other Contributions are obtained (as the case may be); b. reduce the total Funding payable under this Agreement by an amount that, in the Commonwealth’s opinion, represents an equivalent proportion of the overall reduction in the total value of the Recipient Contribution and/or the Other Contributions (as the case may be) resulting from the failure; or c. terminate this Agreement in accordance with clause 17.215.2. 7.1.37.2.4. The Recipient must notify the Commonwealth in writing as soon as possible after it becomes aware of any likely or actual failure (for any reason) to provide the Recipient Contributions (including any part thereof) and/or obtain the Other Contributions (including any part thereof) as required under this Agreement.Agreement.‌ 7.1.47.2.5. The Recipient agrees to notify the Commonwealth within 10 Business Days of entering into any arrangement under which the Recipient is entitled to receive any additional monetary or in-kind contributions in respect of the Project and Activity that are not identified as Other Contributions in Item C and Annexure B of the ScheduleD.2. Any such additional contribution that the Recipient becomes entitled to receive after the Date of this Agreement constitutes Other Contributions for the purposes of the Agreement (and Schedule 1 is deemed to be varied accordingly) on the date on which the Recipient notifies the Commonwealth of that contribution under this clause 7.1.47.2.4. 7.1.5. If the Recipient is provided with or obtains (and/or was required to provide or obtain) any Other Contributions and the cost of the completed Project is less than the Cost Estimate, the Commonwealth may give the Recipient notice requiring the Recipient to return to the Commonwealth, within the period specified in the notice, an amount equal to the Commonwealth’s Proportion of the Cost Savings. In this subclause 7.1.5, 'the Commonwealth’s Proportion of the Cost Savings’ means savings × % where: a. savings = (the Cost Estimate – the actual cost of the Project - any Funds previously repaid to the Commonwealth under this Agreement); and b. % = (the Funding ÷ (the maximum Funding + the maximum Other Contributions excluding any in-kind Other Contributions. 7.1.6. If the Recipient receives a notice given by the Commonwealth under subclause 18, the Recipient must comply with the notice within the period specified within the notice.

Other Contributions. 7.1.1. The Recipient must, within six (6) months of the date of the Agreement provide to the Commonwealth satisfactory written evidence that confirms the Other Contributions identified in Item C and detailed in Annexure B of the Schedule, including the amounts to be provided, the due dates for each of these amounts and the terms and conditions of the provision of the Other Contributions. 7.1.2. If, for any reason, the Recipient is not able to obtain the Other Contributions (including any part thereof) as required under this Agreement, then the Commonwealth may: a. suspend payment of the Funding or an instalment of the Funding until the the Other Contributions are obtained (as the case may be); b. reduce the total Funding payable under this Agreement by an amount that, in the Commonwealth’s opinion, represents an equivalent proportion of the overall reduction in the total value of the Other Contributions (as the case may be) resulting from the failure; or c. terminate this Agreement in accordance with clause 17.2. 7.1.3. The Recipient must notify the Commonwealth in writing as soon as possible after it becomes aware of any likely or actual failure (for any reason) to obtain the Other Contributions (including any part thereof) as required under this Agreement. 7.1.4. The Recipient agrees to notify the Commonwealth within 10 Business Days of entering into any arrangement under which the Recipient is entitled to receive any additional monetary or in-kind contributions in respect of the Project and Activity that are not identified as Other Contributions in Item C and Annexure B of the Schedule. Any such additional contribution that the Recipient becomes entitled to receive after the Date of this Agreement constitutes Other Contributions for the purposes of the Agreement (and Schedule 1 is deemed to be varied accordingly) on the date on which the Recipient notifies the Commonwealth of that contribution under this clause 7.1.4. 7.1.5. If the Recipient is provided with or obtains (and/or was required to provide or obtain) any Other Contributions and the cost of the completed Project is less than the Cost Estimate, the Commonwealth may give the Recipient notice requiring the Recipient to return to the Commonwealth, within the period specified in the notice, an amount equal to the Commonwealth’s Proportion of the Cost Savings. In this subclause 7.1.5, 'the Commonwealth’s Proportion of the Cost Savings’ means savings × % where: a. savings = (the Cost Estimate – the actual cost of the Project - any Funds previously repaid to the Commonwealth under this Agreement); and b. % = (the Funding ÷ (the maximum Funding + the maximum Other Contributions excluding any in-kind Other Contributions. 7.1.6. If the Recipient receives a notice given by the Commonwealth under subclause 18, the Recipient must comply with the notice within the period specified within the notice.