Security of Payment Legislation. The Consultant agrees with the Contractor that: a payment claim submitted to the Contractor's Representative under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contractor's Representative as agent for the Contractor; the Contractor's Representative will give payment statements and carry out all other functions of the Contractor under the relevant Security of Payment Legislation as the agent of the Contractor (without affecting the Contractor's right to carry out those functions itself); to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 11.2(a) and 11.2(b) on which the Consultant has satisfied the requirements of clause 11.3; and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Contractor's Representative to state in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant will not prejudice: the Contractor's Representative's ability or power to state in a subsequent payment statement an amount which the Contractor is entitled to retain, deduct, withhold or set-off from the amount which would otherwise then be payable by the Contractor to the Consultant; or the Contractor's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under the Subcontract or otherwise at law or in equity. The Consultant agrees that the amount stated in the payment statement as then payable by the Contractor in a payment statement under clause 11.4 is, subject to clause 11.12, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of the Subcontract and which the Consultant is entitled to be paid in respect of the Subcontract. The Consultant irrevocably chooses the person specified in the Subcontract Particulars as, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, and to the extent that the relevant Services are to be carried out in: the Northern Territory, the app...
Security of Payment Legislation. The Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative under clause 10.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the Commonwealth's Representative as agent for the Commonwealth; if any of the Services: are not being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth in writing, the Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth; or are being carried out in Western Australia, unless otherwise notified to the Consultant by the Commonwealth in writing, the Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation (including receiving adjudication applications) as the agent of the Commonwealth; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 10.2(a) and 10.2(b) on which the Consultant has satisfied the requirements of clause 10.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation. Failure by the Commonwealth's Representative to set out in a payment statement issued under the relevant Security of Payment Legislation or otherwise an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise be payable to the Consultant by the Commonwealth will not prejudice: the Commonwealth's Representative's ability or power to set out in a subsequent payment statement an amount which the Commonwealth is entitled to retain, deduct, withhold or set-off from the amount which would otherwise be payable to the Consultant by the Commonwealth; or the Commonwealth's right to subsequently exercise its right to retain, deduct, withhold or set-off any amount under this Contract. The Consultant agrees that the amount set out in the payment statement in accordance with clause 10.4(f) is, to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the amount of the "progress payment" calculated in accordance with the terms of this Contract, which the Consulta...
Security of Payment Legislation. This clause 10 applies where the Services under the Purchase Order are carried out in Tasmania and the SOP Act applies. The Contractor agrees that:
Security of Payment Legislation. The Contractor agrees with the Principal that: a payment claim submitted to the Contract Administrator under clause 11.2 which also purports to be (or is by law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator as agent for the Principal; unless otherwise notified to the Contractor by the Principal in writing, the Contract Administrator will give payment statements and carry out all other functions of the Principal under the relevant Security of Payment Legislation as the agent of the Principal; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clause 11.2(a) and 11.2(b) on which the Contractor has satisfied the requirements of clause 11.3(a); and a reference to a "payment statement" is also a reference to a "payment schedule" for the purposes of the relevant Security of Payment Legislation.
Security of Payment Legislation. The Contractor agrees with the Principal that:
Security of Payment Legislation. The Contractor agrees with the Commonwealth that: a payment claim submitted to the Contract Administrator under clause 11.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Contract Administrator as agent for the Commonwealth; unless otherwise notified to the Contractor by the Commonwealth in writing, the Contract Administrator will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses (a) and (b) on which the Contractor has satisfied the requirements of clause 11.3; and
Security of Payment Legislation. The Subconsultant agrees with the Consultant that: a payment claim submitted to the Consultant's Representative under clause 10.2 which also purports to be a payment claim under the relevant Security of Payment Legislation is received by the Consultant's Representative as agent for the Consultant; unless otherwise notified to the Subconsultant by the Consultant in writing, the Consultant's Representative will give payment statements and carry out all other functions of the Consultant under the relevant Security of Payment Legislation as the agent of the Consultant; to the extent permitted by and for the purposes of the relevant Security of Payment Legislation, the "reference dates" are those of the dates prescribed in clauses 10.2(a) and (b) on which the Subconsultant has satisfied the requirements of clause 10.3(a); and
Security of Payment Legislation. The Consultant agrees with the Commonwealth that: a payment claim submitted to the Commonwealth's Representative under clause 10.2 which also purports to be (or is at law) a payment claim under the relevant Security of Payment Legislation is received by the Commonwealth's Representative as agent for the Commonwealth; the Commonwealth's Representative will give payment statements and carry out all other functions of the Commonwealth under the relevant Security of Payment Legislation as the agent of the Commonwealth (without affecting the Commonwealth's right to carry out those functions itself);
Security of Payment Legislation. (a) The Consultant agrees with the Commonwealth that:
Security of Payment Legislation. 46.1 For the purpose of this clause, a reference to:
