Common use of Statutory Requirements Clause in Contracts

Statutory Requirements. The Consultant must: unless otherwise specified in the Contract Particulars, comply with all Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying for and obtaining all Approvals referred to in the Contract Particulars; and promptly give the Commonwealth's Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then: the party discovering this must promptly notify the other; the Commonwealth's Representative will instruct the Consultant as to the course it is to adopt insofar as the Services are affected by the change or variance (as the case may be); the Fee will be: increased by any extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Services, whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representative.

Statutory Requirements. The Consultant Contractor must: unless otherwise specified in the Contract ParticularsContract, perform the Contractor's Activities so they comply with all the MFPE, the National Construction Code and Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred Approvals, give all notices and pay all fees and other amounts necessary to in the perform its Contract Particularsobligations; and promptly give the Commonwealth's Representative PDS Contractor copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Contractor's Activities or the Works issues to the Consultant; and regularly and diligently monitor and report to Contractor. If the Commonwealth on whether requirements with which the Project Contractors Contractor must comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any under clause 7.3 change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, Date then: the party discovering this the change must promptly notify give the otherPDS Contractor and the other party notice in writing; the Commonwealth's Representative will PDS Contractor must, within 14 days of receipt of a notice under paragraph (d), instruct the Consultant Contractor as to the course it is to must adopt insofar as the Services Contractor's Activities are affected by the change or variance change; subject to paragraph (as g), the case may be)Contractor will be entitled to: claim an extension of time to the Date for Completion under clause 9.4 if it is delayed in achieving Completion by the Date for Completion; and have the Fee will be: Contract Price increased by any the extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services Contractor after the giving of the notice under paragraph (cd) and arising which arise directly from the change or variance (as and the case may be) or the CommonwealthPDS Contractor's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted instruction under paragraph (e) ), valued by the PDS Contractor as a Variation; and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule Contract Price will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined decreased by any saving made by the CommonwealthContractor which arise directly from the change and the PDS Contractor's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractorsinstruction under paragraph (e), other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied valued by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the ContractPDS Contractor as a Variation. To the extent of permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of claim (whether under the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service otherwise at law or scope (as applicablein equity) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Serviceschange or the PDS Contractor's instruction under paragraph (e), whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant under paragraph (f)(i) and (ii). Such entitlements will be entitled subject to the directContractor complying with clauses 9.4, reasonable 10.4 and substantiated costs it incurs in cleaning up and restoring the Environment under this clause 12 (as determined by the Commonwealth's Representativeapplicable).

Statutory Requirements. The In the carrying out of the Services, the Consultant must: unless otherwise specified in the Contract Particulars, comply with all applicable Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying for and obtaining all Approvals referred to in the Contract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Contract obligations; promptly give the Commonwealth's Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then: the party discovering this the change or variance must promptly notify the other; the Commonwealth's Representative will instruct the Consultant as to the course it is to must adopt insofar as the Services are affected by the change or variance (as the case may be)variance; the Fee will be: increased by any extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 This clause 2.13 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Services, whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representative.

Statutory Requirements. The Consultant Subcontractor must: unless otherwise specified in the Contract ParticularsSubcontract, perform the Subcontractor's Activities so they comply with all the MFPE, the National Construction Code and Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred Approvals, give all notices and pay all fees and other amounts necessary to in the Contract Particularsperform its Subcontract obligations; and promptly give the CommonwealthContractor's Representative copies of all relevant documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Subcontractor's Activities or the Subcontract Works issues to the Consultant; and regularly and diligently monitor and report to Subcontractor. If the Commonwealth on whether requirements with which the Project Contractors Subcontractor must comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any under clause 7.3 change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, Date then: if it is discovered by: the party discovering this Subcontractor, then the Subcontractor must promptly notify give the other; the CommonwealthContractor's Representative will notice in writing. After receipt of a notice from the Subcontractor, the Contractor's Representative must within 14 days of receipt of the notice instruct the Consultant Subcontractor as to the course it is to must adopt insofar as the Services Subcontractor's Activities are affected by the change; or the Contractor, then the Contractor’s Representative must promptly give the Subcontractor notice in writing together with an instruction as to the course it must adopt insofar as the Subcontractor's Activities are affected by the change; subject to subparagraph (iii), the Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 9.5; and have the Subcontract Price increased by the extra costs reasonably incurred by the Subcontractor after the giving of the notice under subparagraph (i) which arise directly from the change and the Contractor's Representative’s instruction under subparagraph (i)A or B, valued as a Variation in accordance with clause 10.3. Such entitlement will be subject to the Subcontractor complying with clause 12; and the Subcontract Price will be decreased by any saving made by the Subcontractor which arise directly from the change and the Contractor's Representative’s instruction under subparagraph (i), valued by the Contractor's Representative as a Variation in accordance with clause 10.3. To the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with the change or variance the Contractor's Representative’s instruction under paragraph (b)(i), other than under paragraphs (b)(ii)A and B. Subcontracting No part of the Subcontractor's Activities may be subcontracted without the prior written approval of the Contractor's Representative. Where the Subcontractor receives approval in accordance with paragraph (a) or where Provisional Sum Work is to be performed under clause 7.5, it must ensure that each subsubcontract contains provisions as required by the Subcontract. The Subcontractor remains fully responsible for the Subcontractor's Activities notwithstanding the Subcontractor has subcontracted the performance of any part of the Subcontractor's Activities. The Subcontractor must, prior to Completion, procure and provide the Contractor with the warranties specified in the Subcontract Particulars from the relevant subsubcontractor. These warranties must be in favour of the Commonwealth and the Contractor and in the form of the Collateral Warranty and for the minimum warranty period stated in the Subcontract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor against the Contractor or the Subcontractor (as the case may be) under the Subcontract or otherwise at law or in equity. If the Subcontractor is unable to or fails for any reason to provide any Collateral Warranty required by the Subcontract: the Subcontractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth or the Contractor (as the case may be) will be entitled to elect to take an assignment of all the right, title and interest in the Subcontractor's rights against the subsubcontractor in relation to the Subcontractor's Activities; and for the purposes of subparagraph (ii), the Subcontractor irrevocably appoints the Contractor as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under this clause 7.4 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor against the Subcontractor or the subsubcontractor under the Subcontract or otherwise at law or in equity. The Subcontractor must, if requested by the Contractor's Representative: execute; procure the relevant subsubcontractor to execute; and deliver to the Contractor's Representative, a Subsubcontractor Deed of Covenant or Consultant Deed of Covenant (as the case may be); , duly completed with all relevant particulars, as a condition precedent to seeking the Fee will be: increased by any extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services after the giving prior written approval of the notice Contractor's Representative under paragraph (c) and arising directly a). No Subsubcontractor Deed of Covenant or Consultant Deed of Covenant will be construed in any way to modify or limit any of the rights, powers or remedies of the Contractor against the Subcontractor whether under the Subcontract or otherwise. Provisional Sum Work Provisional Sum Work must be performed under subsubcontracts entered into by the Subcontractor. After the Contractor's Representative: provides the design for the Provisional Sum Work; or gives permission under clause 5.2 to use the design prepared by the Subcontractor for the Provisional Sum Work, the Subcontractor must: invite tenders from the change number of persons directed by the Contractor's Representative, each of whom must be approved by the Contractor's Representative; give copies of each tender to the Contractor's Representative; and enter into a subsubcontract with a tenderer on the basis of value for money as directed by the Contractor's Representative. After the Subcontractor is directed to enter into a subsubcontract for Provisional Sum Work: the Subcontract Price will, if the amount tendered by the tenderer with whom the Subcontractor is directed to enter into a subsubcontract is more or variance less than the amount specified in the Subcontract Particulars for the Provisional Sum Work, be increased or decreased (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representativeamount of the difference with no allowance for overhead and profit; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule any Variation to that work will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representativedealt with under clause 10. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Imported Items Clause 2.15 7.6 does not apply unless the Contract Subcontract Particulars states state that it applies. Without limiting The Subcontract Price will be adjusted in respect of any imported item required for the ConsultantSubcontract Works as specified in the Subcontract Particulars for which there has been an exchange rate fluctuation between the rate: lodged by the Subcontractor as set out in its tender for the Subcontractor's other obligations under Activities as set out in the ContractSubcontract Particulars; and prevailing at the date upon which the Subcontractor pays the applicable subsubcontractor for the imported item. In these circumstances, the Consultant mustSubcontract Price will be adjusted by the difference in the cost of the imported item (in Australian dollars) calculated using the information lodged by the Subcontractor in its tender as set out in the Subcontract Particulars on the basis of the exchange rate: ensure that, so lodged by the Subcontractor in preparing its tender; and prevailing at the Consultant Material and in carrying out date upon which the Services: it complies with the Environmental Management Plan (if any); other than Subcontractor makes a payment to the extent identified applicable subsubcontractor for the imported item. The exchange rate in writing paragraph (c)(ii) will be that quoted by the Commonwealth's Representative, it complies with all Statutory Requirements same bank from which the exchange rate in paragraph (c)(i) was obtained. Any imported items (whether subject to adjustment under clause 7.6 or not) will not be subject to adjustment for rise and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or fall in any way in connection with the Services, whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representativecosts.

Statutory Requirements. The Consultant Contractor must: unless otherwise specified in the Contract ParticularsContract, perform the Contractor's Activities so they comply with all the MFPE, the National Construction Code and Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred Approvals, give all notices and pay all fees and other amounts necessary to in the perform its Contract Particularsobligations; and promptly give the Commonwealth's Representative PDS Contractor copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Contractor's Activities or the Works issues to the Consultant; and regularly and diligently monitor and report to Contractor. If the Commonwealth on whether requirements with which the Project Contractors Contractor must comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any under clause 7.3 change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, Date then: the party discovering this the change must promptly notify give the otherPDS Contractor and the other party notice in writing; the Commonwealth's Representative will PDS Contractor must, within 14 days of receipt of a notice under paragraph (d), instruct the Consultant Contractor as to the course it is to must adopt insofar as the Services Contractor's Activities are affected by the change or variance change; subject to paragraph (as g), the case may be)Contractor will be entitled to: claim an extension of time to the Date for Completion under clause 9.4 if it is delayed in achieving Completion by the Date for Completion; and have the Fee will be: Contract Price increased by any the extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services Contractor after the giving of the notice under paragraph (cd) and arising which arise directly from the change or variance (as and the case may be) or the CommonwealthPDS Contractor's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted instruction under paragraph (e) ), valued by the PDS Contractor as a Variation; and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule Contract Price will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined decreased by any saving made by the CommonwealthContractor which arise directly from the change and the PDS Contractor's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractorsinstruction under paragraph (e), other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied valued by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the ContractPDS Contractor as a Variation. To the extent of permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of claim (whether under the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service otherwise at law or scope (as applicablein equity) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Serviceschange or the PDS Contractor's instruction under paragraph (e), whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant under paragraph (f)(i) and (ii). Such entitlements will be entitled subject to the directContractor complying with clauses 9.4, reasonable 10.4 and substantiated costs it incurs in cleaning up and restoring the Environment under this clause 12. (as determined by the Commonwealth's Representativeapplicable).

Statutory Requirements. The Consultant Subcontractor must: unless otherwise specified in the Contract ParticularsSubcontract, perform the Subcontractor's Activities so they comply with all the MFPE, the National Construction Code and Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred Approvals, give all notices and pay all fees and other amounts necessary to in the Contract Particularsperform its Subcontract obligations; and promptly give the CommonwealthContractor's Representative copies of all relevant documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Subcontractor's Activities or the Subcontract Works issues to the Consultant; and regularly and diligently monitor and report to Subcontractor. If the Commonwealth on whether requirements with which the Project Contractors Subcontractor must comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any under clause 7.3 change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, Date then: if it is discovered by: the party discovering this Subcontractor, then the Subcontractor must promptly notify give the other; the CommonwealthContractor's Representative will notice in writing. After receipt of a notice from the Subcontractor, the Contractor's Representative must within 14 days of receipt of the notice instruct the Consultant Subcontractor as to the course it is to must adopt insofar as the Services Subcontractor's Activities are affected by the change; or the Contractor, then the Contractor’s Representative must promptly give the Subcontractor notice in writing together with an instruction as to the course it must adopt insofar as the Subcontractor's Activities are affected by the change; subject to subparagraph (iii), the Subcontractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 9.5; and have the Subcontract Price increased by the extra costs reasonably incurred by the Subcontractor after the giving of the notice under subparagraph (i) which arise directly from the change and the Contractor's Representative’s instruction under subparagraphs (i)A or B, valued as a Variation in accordance with clause 10.3. Such entitlement will be subject to the Subcontractor complying with clause 12; and the Subcontract Price will be decreased by any saving made by the Subcontractor which arise directly from the change and the Contractor's Representative’s instruction under subparagraph (i), valued by the Contractor's Representative as a Variation in accordance with clause 10.3. To the extent permitted by law, the Subcontractor will not be entitled to make (nor will the Contractor be liable upon) any claim (whether under the Subcontract or otherwise at law or in equity) arising out of or in connection with the change or variance the Contractor's Representative’s instruction under paragraph (b)(i), other than under paragraphs (b)(ii)A and B. Subcontracting No part of the Subcontractor's Activities may be subcontracted without the prior written approval of the Contractor's Representative. Where the Subcontractor receives approval in accordance with paragraph (a) or where Provisional Sum Work is to be performed under clause 7.5, it must ensure that each subsubcontract contains provisions as required by the Subcontract. The Subcontractor remains fully responsible for the Subcontractor's Activities notwithstanding the Subcontractor has subcontracted the performance of any part of the Subcontractor's Activities. The Subcontractor must, prior to Completion, procure and provide the Contractor with the warranties specified in the Subcontract Particulars from the relevant subsubcontractor. These warranties must be in favour of the Commonwealth and the Contractor and in the form of the Collateral Warranty and for the minimum warranty period stated in the Subcontract Particulars. No Collateral Warranty will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor against the Contractor or the Subcontractor (as the case may be) under the Subcontract or otherwise at law or in equity. If the Subcontractor is unable to or fails for any reason to provide any Collateral Warranty required by the Subcontract: the Subcontractor is deemed to have provided the Collateral Warranty itself on like terms; the Commonwealth or the Contractor (as the case may be) will be entitled to elect to take an assignment of all the right, title and interest in the Subcontractor's rights against the subsubcontractor in relation to the Subcontractor's Activities; and for the purposes of subparagraph (ii), the Subcontractor irrevocably appoints the Contractor as its lawful attorney to execute any instrument necessary to give effect to the assignment. No assignment under this clause 7.4 will be construed in any way to modify or limit any of the rights, powers or remedies of the Commonwealth or the Contractor against the Subcontractor or the subsubcontractor under the Subcontract or otherwise at law or in equity. The Subcontractor must, if requested by the Contractor's Representative: execute; procure the relevant subsubcontractor to execute; and deliver to the Contractor's Representative, a Subsubcontractor Deed of Covenant or Consultant Deed of Covenant (as the case may be); , duly completed with all relevant particulars, as a condition precedent to seeking the Fee will be: increased by any extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services after the giving prior written approval of the notice Contractor's Representative under paragraph (c) and arising directly a). No Subsubcontractor Deed of Covenant or Consultant Deed of Covenant will be construed in any way to modify or limit any of the rights, powers or remedies of the Contractor against the Subcontractor whether under the Subcontract or otherwise. Provisional Sum Work Provisional Sum Work must be performed under subsubcontracts entered into by the Subcontractor. After the Contractor's Representative: provides the design for the Provisional Sum Work; or gives permission under clause 5.2 to use the design prepared by the Subcontractor for the Provisional Sum Work, the Subcontractor must: invite tenders from the change number of persons directed by the Contractor's Representative, each of whom must be approved by the Contractor's Representative; give copies of each tender to the Contractor's Representative; and enter into a subsubcontract with a tenderer on the basis of value for money as directed by the Contractor's Representative. After the Subcontractor is directed to enter into a subsubcontract for Provisional Sum Work: the Subcontract Price will, if the amount tendered by the tenderer with whom the Subcontractor is directed to enter into a subsubcontract is more or variance less than the amount specified in the Subcontract Particulars for the Provisional Sum Work, be increased or decreased (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representativeamount of the difference with no allowance for overhead and profit; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule any Variation to that work will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representativedealt with under clause 10. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Imported Items Clause 2.15 7.6 does not apply unless the Contract Subcontract Particulars states state that it applies. Without limiting The Subcontract Price will be adjusted in respect of any imported item required for the ConsultantSubcontract Works as specified in the Subcontract Particulars for which there has been an exchange rate fluctuation between the rate: lodged by the Subcontractor as set out in its tender for the Subcontractor's other obligations under Activities as set out in the ContractSubcontract Particulars; and prevailing at the date upon which the Subcontractor pays the applicable subsubcontractor for the imported item. In these circumstances, the Consultant mustSubcontract Price will be adjusted by the difference in the cost of the imported item (in Australian dollars) calculated using the information lodged by the Subcontractor in its tender as set out in the Subcontract Particulars on the basis of the exchange rate: ensure that, so lodged by the Subcontractor in preparing its tender; and prevailing at the Consultant Material and in carrying out date upon which the Services: it complies with the Environmental Management Plan (if any); other than Subcontractor makes a payment to the extent identified applicable subsubcontractor for the imported item. The exchange rate in writing paragraph (c)(ii) will be that quoted by the Commonwealth's Representative, it complies with all Statutory Requirements same bank from which the exchange rate in paragraph (c)(i) was obtained. Any imported items (whether subject to adjustment under clause 7.6 or not) will not be subject to adjustment for rise and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or fall in any way in connection with the Services, whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representativecosts.

Statutory Requirements. The Consultant must: unless otherwise specified in the Contract Subcontract Particulars, comply with all Statutory Requirements; without limiting paragraph (a): assist the Commonwealth Contractor in applying for and obtaining all Approvals referred to in the Contract Subcontract Particulars; and promptly give the CommonwealthContractor's Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth Contractor on whether the Project Contractors comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract Subcontract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the ContractSubcontract, then: the party discovering this must promptly notify the other; the CommonwealthContractor's Representative will instruct the Consultant as to the course it is to adopt insofar as the Services are affected by the change or variance (as the case may be); the Fee will be: increased by any extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the CommonwealthContractor's Representative's instruction, in either case as determined by the CommonwealthContractor's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the CommonwealthContractor's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract Subcontract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the CommonwealthContractor's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the ContractSubcontract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract Subcontract (including any other requirement of the Brief), subject to clause 5.106.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 2.14 does not apply unless the Contract Subcontract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Services, whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representative.

Statutory Requirements. The In carrying out the Services, the Consultant must: unless otherwise specified in the Contract Particulars, comply with all applicable Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred to specified in the Contract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Contract obligations; and promptly give the Commonwealth's Representative Contract Administrator copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Services or the Works issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then: then the party discovering this the change or variance must promptly notify give the other; Contract Administrator and the Commonwealth's Representative will other party notice in writing. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (a), instruct the Consultant as to the course it is to must adopt insofar as the Services are affected by the change or variance variance. Subject to paragraph (as d), the case may be); Consultant will be entitled to have the Fee will be: increased by any the extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services Consultant after the giving of the notice under paragraph (ca) and arising which arise directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the CommonwealthAdministrator's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting instruction under paragraph (b), must attend such meetings, provide such documents as determined by the Contract Administrator. The Fee will be decreased by any savings made by the Consultant which arise directly from the change or variance and information, consider and respond to such proposals and do all such other things as the CommonwealthContract Administrator's Representative may require for the purposes of instruction under paragraph (b). Environment Clause 2.15 does not apply unless , as determined by the Contract Particulars states it appliesAdministrator. Without limiting To the Consultant's other obligations under the Contractextent permitted by law, the Consultant must: ensure that, in preparing will not be entitled to make (nor will the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause Commonwealth be liable upon) any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm Claim arising out of or in any way in connection with the Services, whether change or not it has complied with all Statutory Requirements variance or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises Administrator's instruction under paragraph (b), other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representativeparagraph (c).

Statutory Requirements. The Consultant Subcontract Particulars describe the Approvals which exist at the Award Date or which the Commonwealth or the Contractor will obtain after the Award Date. In carrying out the Subcontractor's Activities, the Subcontractor must: unless otherwise specified in the Contract Subcontract Particulars, comply with all applicable Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals other than those referred to in the Contract Subcontract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Subcontract obligations; and promptly give the CommonwealthContractor's Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Subcontract Works or the carrying out of the Subcontractor's Activities issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the ProjectSubcontractor. Change in Statutory Requirements or Variance with Contract Subcontract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the ContractSubcontract , then: the party discovering this must promptly notify the other; the CommonwealthContractor's Representative will instruct the Consultant Subcontractor as to the course it is to adopt insofar as the Services Subcontractor's Activities are affected by the change or variance (as the case may be); and the Fee Subcontract Price will be: increased by any extra costs reasonably incurred by the ConsultantSubcontractor; or decreased by any saving made by the ConsultantSubcontractor, in carrying out the Services Subcontractor's Activities after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the CommonwealthContractor's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Services, whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the CommonwealthContractor's Representative.

Statutory Requirements. The Consultant In carrying out the Subcontract Services, the Subconsultant must: unless otherwise specified in the Contract Subcontract Particulars, comply with all applicable Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred to specified in the Contract Subcontract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Subcontract obligations; and promptly give the CommonwealthConsultant's Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Subcontract Services or the Works issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the ProjectSubconsultant. Change in Statutory Requirements or Variance with Contract Subcontract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the ContractSubcontract, then: then the party discovering this the change or variance must promptly notify give the other; Consultant’s Representative and the Commonwealthother party notice in writing. The Consultant's Representative will must, within 14 days of receipt of a notice under paragraph (a), instruct the Consultant Subconsultant as to the course it is to must adopt insofar as the Subcontract Services are affected by the change or variance variance. Subject to paragraph (as d), the case may be); Subconsultant will be entitled to have the Fee will be: increased by any the extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services Subconsultant after the giving of the notice under paragraph (ca) and arising which arise directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations ’s Representative’s instruction under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents as determined by the Consultant’s Representative. The Fee will be decreased by any savings made by the Subconsultant which arise directly from the change or variance and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of Consultant’s Representative’s instruction under paragraph (b), as determined by the Consultant’s Representative. Environment Clause 2.15 does To the extent permitted by law, the Subconsultant will not apply unless be entitled to make (nor will the Contract Particulars states it applies. Without limiting Consultant be liable upon) any Claim arising out of or in connection with the change or variance or the Consultant's Representative’s instruction under paragraph (b), other obligations than under paragraph (c). Subconsultant Deed of Covenant and Novation If requested by the ContractConsultant’s Representative, the Consultant Subconsultant must execute a Subconsultant Deed of Covenant, duly completed with all relevant particulars, within the period specified by the Consultant's Representative in such request and deliver the executed Subconsultant Deed of Covenant to the Consultant's Representative. The parties acknowledge that if the Commonwealth provides a written notice to the parties requiring novation of the Subcontract to the Commonwealth (or its nominee) in accordance with the Subconsultant Deed of Covenant, then the Subcontract will be deemed to have been novated in accordance with the Subconsultant Deed of Covenant. The Environment The Subconsultant must: ensure that, in preparing the Consultant Material and that in carrying out the Subcontract Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the CommonwealthConsultant's Representative, it complies with all Statutory Requirements and other requirements of the Contract Subcontract for the protection of the Environment; it does not cause or contribute to any Environmental Incident; without limiting subparagraph (iii)subsubparagraph B, it does not cause or contribute to any Contamination of the Site or any other land, air or water, water or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the CommonwealthConsultant's Representative of of: any non-compliance with the requirements of this clause 2.15, a 2.13; any breach of any a Statutory Requirement for the protection of the Environment, ; any Environmental Incident Incident; or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be)Environment; and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Subcontract Services, whether or not it has complied with all Statutory Requirements or and other requirements of the Contract Subcontract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment under subparagraph (a)(ii) arises other than as a result of a failure by the Consultant Subconsultant to carry out the Subcontract Services strictly in accordance with the all Statutory Requirements and other requirements of the ContractSubcontract, the Consultant Subconsultant will be entitled to have the direct, reasonable and substantiated Fee increased by the extra costs it incurs in reasonably incurred by the Subconsultant which arise directly from the cleaning up and restoring restoration of the Environment under this clause 2.13, as determined by the Commonwealth's Consultant’s Representative.

Statutory Requirements. The In carrying out the Services, the Consultant must: unless otherwise specified in the Contract Particulars, comply with all applicable Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred to in the Contract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Contract obligations; and promptly give the Commonwealth's Representative Contract Administrator copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Services or the Works issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then: then the party discovering this the change or variance must promptly notify give the other; Contract Administrator and the Commonwealth's Representative will other party notice in writing. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (a), instruct the Consultant as to the course it is to must adopt insofar as the Services are affected by the change or variance variance. Subject to paragraph (as d), the case may be); Consultant will be entitled to have the Fee will be: increased by any the extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services Consultant after the giving of the notice under paragraph (ca) and arising which arise directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the CommonwealthAdministrator's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting instruction under paragraph (b), must attend such meetings, provide such documents as determined by the Contract Administrator. The Fee will be decreased by any savings made by the Consultant which arise directly from the change or variance and information, consider and respond to such proposals and do all such other things as the CommonwealthContract Administrator's Representative may require for the purposes of instruction under paragraph (b). Environment Clause 2.15 does not apply unless , as determined by the Contract Particulars states it appliesAdministrator. Without limiting To the Consultant's other obligations under the Contractextent permitted by law, the Consultant must: ensure that, in preparing will not be entitled to make (nor will the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause Commonwealth be liable upon) any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm Claim arising out of or in any way in connection with the Services, whether change or not it has complied with all Statutory Requirements variance or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises Administrator's instruction under paragraph (b), other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representativeparagraph (c).

Statutory Requirements. The Consultant Contractor must: unless otherwise specified in the Contract ParticularsContract, perform the Contractor's Activities so they comply with all the MFPE, the National Construction Code and Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred Approvals, give all notices and pay all fees and other amounts necessary to in the perform its Contract Particularsobligations; and promptly give the Commonwealth's Representative Contract Administrator copies of all relevant documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Contractor's Activities or the Works issues to the Consultant; and regularly and diligently monitor and report to Contractor. If the Commonwealth on whether requirements with which the Project Contractors Contractor must comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any under clause 7.3 change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, Date then: the party discovering this the change must promptly notify give the otherContract Administrator and the other party notice in writing; the Commonwealth's Representative will Contract Administrator must, within 14 days of receipt of a notice under subparagraph (i), instruct the Consultant Contractor as to the course it is to must adopt insofar as the Services Contractor's Activities are affected by the change or variance change; subject to subparagraph (as iv), the case may be)Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 9.5; and have the Fee will be: Contract Price increased by any the extra costs reasonably incurred by the ConsultantContractor after the giving of the notice under subparagraph (i) which arise directly from the change and the Contract Administrator's instruction under subparagraph (ii), valued as a Variation in accordance with clause 10.3. Such entitlements will be subject to the Contractor complying with clause 12.; or and the Contract Price will be decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising Contractor which arise directly from the change or variance and the Contract Administrator's instruction under subparagraph (ii), valued as the case may be) or the Commonwealth's Representative's instruction, a Variation in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contractaccordance with clause 10.3. To the extent of permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of claim (whether under the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service otherwise at law or scope (as applicablein equity) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Services, whether change or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises Administrator's instruction under subparagraph (ii), other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable under subsubparagraphs A. and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representative.B..

Statutory Requirements. The Consultant Contractor must: unless otherwise specified in the Contract ParticularsContract, perform the Contractor's Activities so they comply with all the MFPE, the National Construction Code and Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred Approvals, give all notices and pay all fees and other amounts necessary to in the perform its Contract Particularsobligations; and promptly give the Commonwealth's Representative Contract Administrator copies of all relevant documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Contractor's Activities or the Works issues to the Consultant; and regularly and diligently monitor and report to Contractor. If the Commonwealth on whether requirements with which the Project Contractors Contractor must comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any under clause 7.3 change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, Date then: the party discovering this the change must promptly notify give the otherContract Administrator and the other party notice in writing; the Commonwealth's Representative will Contract Administrator must, within 14 days of receipt of a notice under subparagraph (i), instruct the Consultant Contractor as to the course it is to must adopt insofar as the Services Contractor's Activities are affected by the change or variance change; subject to subparagraph (as iv), the case may be)Contractor will be entitled to: an extension of time to any relevant Date for Completion where it is otherwise so entitled under clause 9.5; and have the Fee will be: Contract Price increased by any the extra costs reasonably incurred by the ConsultantContractor after the giving of the notice under subparagraph (i) which arise directly from the change and the Contract Administrator's instruction under subparagraph (ii), valued as a Variation in accordance with clause 10.3. Such entitlements will be subject to the Contractor complying with clause 12.; or and the Contract Price will be decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising Contractor which arise directly from the change or variance and the Contract Administrator's instruction under subparagraph (ii), valued as the case may be) or the Commonwealth's Representative's instruction, a Variation in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contractaccordance with clause 10.3. To the extent of permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of claim (whether under the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service otherwise at law or scope (as applicablein equity) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Services, whether change or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises Administrator's instruction under paragraph (ii), other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable under paragraphs A. and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representative.B..

Statutory Requirements. The Consultant Contract Particulars specify the Approvals which exist at the Award Date or which the Commonwealth will obtain after the Award Date. In carrying out the Contractor's Activities, the Contractor must: unless otherwise specified in the Contract Particulars, comply with all applicable Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred to other than those specified in the Contract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Contract obligations; and promptly give the Commonwealth's Representative Contract Administrator copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Contractor's Activities or the Remediation Works issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the ProjectContractor. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then: then the party discovering this the change or variance must promptly notify give the other; Contract Administrator and the Commonwealth's Representative will other party notice in writing. The Contract Administrator must, within 14 days of receipt of a notice under paragraph (a), instruct the Consultant Contractor as to the course it is to must adopt insofar as the Services Contractor's Activities are affected by the change or variance variance. Subject to paragraph (as d), the case may be)Contractor will be entitled to: an extension of time to any relevant Date for Remediation Completion where it is otherwise so entitled under clause 10.7; and have the Fee will be: Contract Price increased by any the extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services Contractor after the giving of the notice under paragraph (c) and arising a), which arise directly from the change or variance (as and the case may beContract Administrator's instruction under paragraph 8.4(b) or the Commonwealth's Representative's instruction, in either case as determined by the CommonwealthContract Administrator. The Contract Price will be decreased by any saving made by the Contractor which arise directly from the change or variance and the Contract Administrator's Representative; and if the Fee is adjusted instruction under paragraph (e) and a Milestone Fee Payment Schedule applies8.4(b), then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, as determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the ContractAdministrator. To the extent permitted by law, the Contractor will not be entitled to make (nor will the Commonwealth be liable upon) any Claim arising out of any ambiguityor in connection with the change or variance or the Contract Administrator's instruction under clause 8.4(b), discrepancy or inconsistency between other than under paragraph (c)(i) and (ii). Subcontracting The Contractor: must not without the Brief and any other requirement prior written approval of the Contract (including Administrator, subcontract any other requirement of work specified in the Brief), subject Contract Particulars except to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out a subcontractor specified in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery will: not be relieved of the Project and the project any of its liabilities or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, including those under clause 2.1; and remain responsible for all subcontractors and for all work which is or may be subcontracted, as if it was itself executing the Consultant must: ensure thatwork, in preparing whether or not any subcontractors default or otherwise fail to observe any of the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract relevant subcontract; will be vicariously liable to the Commonwealth for the protection all acts, omissions and defaults of its subcontractors (and those of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii)employees and agents of its subcontractors) relating to, it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way connected with, the Contractor's Activities; must ensure that each subcontract contains provisions: which bind the subcontractor to participate in connection with any novation required by the ServicesCommonwealth under clause 14.5(a)(ii); and as otherwise required by the Contract; and must, whether or not it has complied if requested by the Contract Administrator: execute; procure the relevant subcontractor to execute; and deliver to the Contract Administrator, a Subcontractor Deed of Covenant duly completed with all Statutory Requirements or other requirements relevant particulars: as a condition precedent to seeking the prior written approval of the Contract for Administrator under paragraph (a); or when such approval is not required, within the protection time required by the Contract Administrator and in any event before commencement of work by the relevant subcontractor. No Subcontractor Deed of Covenant will be construed in any way to modify or limit any of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements rights, powers or remedies of the Contract, Commonwealth against the Consultant will be entitled to Contractor under the direct, reasonable and substantiated costs it incurs Contract or otherwise at law or in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representativeequity.

Statutory Requirements. The Consultant must: unless otherwise specified in For the duration of the Contract ParticularsPeriod, the Authorised Waste Collector shall comply with all Statutory Requirementsapplicable Laws, including holding and complying with all licences, permits and consents required to be held under the Law, and providing evidence that it holds such licences, permits and consents on the Commencement Date and during the Contract Period (or is exempted therefrom) for the performance of the Services, including but not limited to the following (as relevant): Waste licence under the WMA; without limiting paragraph Waste Management (Tyres and Xxxxx Xxxxx) Regulations 2017 (S.I. No XXX of 2017); Waste permit under the Waste Management (Facility Permit and Registration) Regulations, 2007 (S.I. No. 821 of 2007) (as amended or replaced); Waste collection permit under the Waste Management (Collection Permit) Regulations, 2007 (S.I. No. 820 of 2007) (as amended or replaced); Notification and movement documentation required in relation to the trans frontier shipment of waste under Regulation (EC) 1013/2006 on shipments of waste and the Waste Management (Shipments of Waste) Regulations, 2007 (S.I. No. 419 of 2007) (as amended or replaced); Certificate of tax clearance from the Office of the Revenue Commissioners; Certificate of Incorporation from the Companies Registration Office, as relevant. The Authorised Waste Collector shall provide evidence on the Commencement Date that it holds the licences and/or permits specified in clauses (a): assist the Commonwealth in applying for and obtaining all Approvals referred ) to in the Contract Particulars; and promptly give the Commonwealth's Representative copies of all documents (including Approvals and other noticesf) that any authorityabove, body or organisation having jurisdiction over the Project issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then: the party discovering this must promptly notify the other; the Commonwealth's Representative will instruct the Consultant as to the course it is to adopt insofar as the Services are affected by the change or variance (as the case may be); the Fee will be: increased by any extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirementsrelevant, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way are required in connection with the Services, whether or not and thereafter when requested to do so by Xxxxx ELT. Without limitation to its other obligations under this clause, on request from Xxxxx ELT, the Authorised Waste Collector shall provide Xxxxx ELT with satisfactory evidence to demonstrate it is in compliance with the Regulations including, without limitation, by providing evidence that it has complied with all Statutory Requirements or other requirements not accepted Waste Tyres for disposal from a Retailer without first receiving a written declaration, signed by the person in charge of the Contract for premises from which the protection of the Environment. To the extent Waste Tyres are to be collected, stating that the requirement Retailer will and shall continue to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly present Waste Tyres for collection in accordance compliance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's RepresentativeRegulations.

Statutory Requirements. The Consultant must: unless otherwise specified in the Contract Particulars, comply with all Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying for and obtaining all Approvals referred to in the Contract Particulars; and promptly give the Commonwealth's Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then: the party discovering this must promptly notify the other; the Commonwealth's Representative will instruct the Consultant as to the course it is to adopt insofar as the Services are affected by the change or variance (as the case may be); the Fee will be: increased by any extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 2.14 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Services, whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representative.

Statutory Requirements. The Consultant must: unless otherwise specified in the Contract Particulars, comply with all Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying for and obtaining all Approvals referred to in the Contract Particulars; and promptly give the Commonwealth's Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the Project. Change in Statutory Requirements or Variance with Contract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the Contract, then: the party discovering this must promptly notify the other; the Commonwealth's Representative will instruct the Consultant as to the course it is to adopt insofar as the Services are affected by the change or variance (as the case may be); the Fee will be: increased by any extra costs reasonably incurred by the Consultant; or decreased by any saving made by the Consultant, in carrying out the Services after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the Commonwealth's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.105.11, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Services, whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representative.

Statutory Requirements. The Consultant In carrying out the Subcontract Services, the Subconsultant must: unless otherwise specified in the Contract Subcontract Particulars, comply with all applicable Statutory Requirements; without limiting paragraph (a): assist the Commonwealth in applying apply for and obtaining obtain all Approvals referred to in the Contract Subcontract Particulars; and give all notices and pay all fees and other amounts which it is required to pay in respect of the carrying out of its Subcontract obligations; and promptly give the CommonwealthConsultant's Representative copies of all documents (including Approvals and other notices) that any authority, body or organisation having jurisdiction over the Project Site, the Works or the Subcontract Services issues to the Consultant; and regularly and diligently monitor and report to the Commonwealth on whether the Project Contractors comply with all Statutory Requirements applicable to the ProjectSubconsultant. Change in Statutory Requirements or Variance with Contract Subcontract If: there is any change in a Statutory Requirement after the Award Date; or a Statutory Requirement is at variance with the ContractSubcontract, then: the party discovering this must promptly notify the other; the CommonwealthConsultant's Representative will instruct the Consultant Subconsultant as to the course it is to adopt insofar as the Subcontract Services are affected by the change or variance (as the case may be); and the Fee will be: increased by any extra costs reasonably incurred by the ConsultantSubconsultant; or decreased by any saving made by the ConsultantSubconsultant, in carrying out the Subcontract Services after the giving of the notice under paragraph (c) and arising directly from the change or variance (as the case may be) or the CommonwealthConsultant's Representative's instruction, in either case as determined by the Commonwealth's Representative; and if the Fee is adjusted under paragraph (e) and a Milestone Fee Payment Schedule applies, then the Milestone Fee Payment Schedule will be adjusted on a pro rata basis: to be agreed between the parties; or failing agreement, determined by the Commonwealth's Representative. No authority to give directions or waive requirements The Consultant has no authority to: give directions to the Project Contractors, other than as expressly set out in this Contract or the Project Contracts; waive or vary any requirements of a Project Contract; or discharge or release a party from any of its obligations under a Project Contract. Interpretation of the Brief Requirements contained in the Brief, whether or not they include the expression "the Consultant must" or “the Consultant shall” or any equivalent expression, will be deemed to be requirements to be satisfied by the Consultant, unless stated otherwise. The Brief sets out the Commonwealth's minimum requirements, which must be met or exceeded by the Consultant in performing the Services. Nothing contained in the Brief will operate to limit or exclude the Consultant's obligations under the Contract. To the extent of any ambiguity, discrepancy or inconsistency between the Brief and any other requirement of the Contract (including any other requirement of the Brief), subject to clause 5.10, whichever requirement provides the greater, higher or more stringent requirement, standard, level of service or scope (as applicable) will prevail. Co-ordination with other Projects/Programs The Consultant: acknowledges that the Project is part of the project or program set out in the Contract Particulars; must perform the Services in a manner which ensures that the way in which the Project is delivered maximizes the Commonwealth's objectives for the delivery of the Project and the project or program set out in the Contract Particulars, including the delivery of the maximum scope of work within budget and on time; and without limiting paragraph (b), must attend such meetings, provide such documents and information, consider and respond to such proposals and do all such other things as the Commonwealth's Representative may require for the purposes of paragraph (b). Environment Clause 2.15 does not apply unless the Contract Particulars states it applies. Without limiting the Consultant's other obligations under the Contract, the Consultant must: ensure that, in preparing the Consultant Material and in carrying out the Services: it complies with the Environmental Management Plan (if any); other than to the extent identified in writing by the Commonwealth's Representative, it complies with all Statutory Requirements and other requirements of the Contract for the protection of the Environment; it does not cause any Environmental Incident; without limiting subparagraph (iii), it does not cause or contribute to any Contamination of the Site or any other land, air or water, or cause or contribute to any Contamination emanating from the Site; and it immediately notifies the Commonwealth's Representative of any non-compliance with the requirements of this clause 2.15, a breach of any Statutory Requirement for the protection of the Environment, any Environmental Incident or the receipt of any notice, order or communication received from an authority for the protection of the Environment (as the case may be); and clean up and restore the Environment, including any Contamination or Environmental Harm arising out of or in any way in connection with the Services, whether or not it has complied with all Statutory Requirements or other requirements of the Contract for the protection of the Environment. To the extent that the requirement to clean up and restore the Environment arises other than as a result of a failure by the Consultant to carry out the Services strictly in accordance with the requirements of the Contract, the Consultant will be entitled to the direct, reasonable and substantiated costs it incurs in cleaning up and restoring the Environment under this clause as determined by the Commonwealth's Representative.