Common use of Term Meaning Clause in Contracts

Term Meaning. Wilful Default 1 a deliberate and purposeful act or omission carried out, or real and substantial evidence of a deliberate and purposeful act or omission carried out, with a reckless disregard or calculated regard for the consequences of the act or omission by a Participant, its Officers, or any representative of the Participant on the ALT or AMT or, in the case of a NOP only, any Nominated Subcontractor of the NOP, which is a breach of a duty, obligation or Stipulation arising out of this Agreement, or which is a breach of a duty or obligation owed to another Participant however arising (which includes a breach of the Alliance Charter); 2 a fraudulent act or omission under, arising out of or in connection with this Agreement, by a Participant, any director, officer, employee or agent of the Participant, any representative of the Participant on the ALT or AMT or, in the case of a NOP only, any Nominated Subcontractor of the NOP; 3 a repudiation of this Agreement by a Participant; 4 any act or omission under, arising out of or in connection with this Agreement, by an officer, representative or employee of a Participant that: • would, if done by an Officer, constitute a Wilful Default; • has come to the attention of an Officer of that Participant, or any representative of that Participant appointed to the ALT or AMT; and • the relevant Officer or representative appointed to the ALT or AMT has not taken reasonable action to address; 5 any deliberate or reckless act or omission by a Participant or any of its officers or directors or any of its representatives appointed to the ALT or AMT which: • is a breach of any Statutory Requirements; or • prevents a non-defaulting Participant from performing a role, responsibility or function or discharging an obligation under any Statutory Requirements; 6 a failure by a NOP to comply with clause 37.8; or7 a failure by a NOP to comply with clause 37.10;but does not include (with the exception of paragraph 6): 8 any error of judgment, mistake, or act or omission, whether negligent or not, which is made or done in Good Faith by that Participant or by any director, officer, employee or agent of that Participant, any representative of the Participant on the ALT, AMT or WPT or, in the case of a NOP only, any Nominated Subcontractor of the NOP; or 9 a cancellation by MTM of an agreed Track Occupation in accordance with clause 18.5. Works the whole of the works and services to be performed by the Participants from time to time under this Agreement and includes: 1 any Scope Variations;2 the Construction Plant; 3 rectification work necessary to make good any Defects arising before and during any Defects Correction Period; and 4 the MTM RTO Role,but excluding any works or services performed by the Participants which are not directly referable to the VfM Statement, the Scope of Works and the assumptions expressly adopted by the Participants in developing the TOC.

Term Meaning. Wilful Default 1 a deliberate and purposeful act or omission carried out, or real and substantial evidence of a deliberate and purposeful act or omission carried out, with a reckless disregard or calculated regard for the consequences of the act or omission by a Participant, its Officers, or any representative of the Participant on the ALT or AMT or, in the case of a NOP only, any Nominated Subcontractor of the NOP, which is a breach of a duty, obligation or Stipulation arising out of this Agreement, or which is a breach of a duty or obligation owed to another Participant however arising (which includes a breach of the Alliance Charter); 2 a fraudulent act or omission under, arising out of or in connection with this Agreement, by a Participant, any director, officer, employee or agent of the Participant, any representative of the Participant on the ALT or AMT or, in the case of a NOP only, any Nominated Subcontractor of the NOP; 3 a repudiation of this Agreement by a Participant; 4 any act or omission under, arising out of or in connection with this Agreement, by an officer, representative or employee of a Participant that: • would, if done by an Officer, constitute a Wilful DefaultXxxxxx Xxxxxxx; • has come to the attention of an Officer of that Participant, or any representative of that Participant appointed to the ALT or AMT; and • the relevant Officer or representative appointed to the ALT or AMT has not taken reasonable action to address; 5 any deliberate or reckless act or omission by a Participant or any of its officers or directors or any of its representatives appointed to the ALT or AMT which: • is a breach of any Statutory Requirements; or • prevents a non-defaulting Participant from performing a role, responsibility or function or discharging an obligation under any Statutory Requirements; 6 any deliberate or reckless attempt to amend or an amendment to the Joint Venture Agreement, Joint Venture or any aspect of the joint venture relationship between the joint venturers without the Project Owner's consent; 7 a failure by a NOP to comply with clause 37.8; or7 or8 a failure by a NOP to comply with clause 37.10;but does not include (with the exception of paragraph 67): 8 9 any error of judgment, mistake, or act or omission, whether negligent or not, which is made or done in Good Faith by that Participant or by any director, officer, employee or agent of that Participant, any representative of the Participant on the ALT, AMT or WPT or, in the case of a NOP only, any Nominated Subcontractor of the NOP; or 9 10 a cancellation by MTM of an agreed Track Occupation in accordance with clause 18.5. Works the whole of the works and services to be performed by the Participants from time to time under this Agreement and includes: 1 any Scope Variations;2 the Construction Plant; 3 rectification work necessary to make good any Defects arising before and during any Defects Correction Period; and 4 the MTM RTO Role,but excluding any works or services performed by the Participants which are not directly referable to the VfM Statement, the Scope of Works and the assumptions expressly adopted by the Participants in developing the TOC.

Term Meaning. Wilful Default 1 a deliberate and purposeful act or omission carried out, or real and substantial evidence of a deliberate and purposeful act or omission carried out, with a reckless disregard or calculated regard for the consequences of the act or omission by a Participant, its Officers, or any representative of the Participant on the ALT or AMT or, in the case of a NOP only, any Nominated Subcontractor of the NOP, which is a breach of a duty, obligation or Stipulation arising out of this Agreement, or which is a breach of a duty or obligation owed to another Participant however arising (which includes a breach of the Alliance Charter); 2 a fraudulent act or omission under, arising out of or in connection with this Agreement, by a Participant, any director, officer, employee or agent of the Participant, any representative of the Participant on the ALT or AMT or, in the case of a NOP only, any Nominated Subcontractor of the NOP; 3 a repudiation of this Agreement by a Participant; 4 any act or omission under, arising out of or in connection with this Agreement, by an officer, representative or employee of a Participant that: • would, if done by an Officer, constitute a Wilful Default; • has come to the attention of an Officer of that Participant, or any representative of that Participant appointed to the ALT or AMT; and • the relevant Officer or representative appointed to the ALT or AMT has not taken reasonable action to address; 5 any deliberate or reckless act or omission by a Participant or any of its officers or directors or any of its representatives appointed to the ALT or AMT which: • is a breach of any Statutory Requirements; or • prevents a non-defaulting Participant from performing a role, responsibility or function or discharging an obligation under any Statutory Requirements; 6 any deliberate or reckless attempt to amend or an amendment to the Joint Venture Agreement, Joint Venture or any aspect of the joint venture relationship between the joint venturers without the Project Owner's consent; 7 a failure by a NOP to comply with clause 37.8; or7 or8 a failure by a NOP to comply with clause 37.10;but does not include (with the exception of paragraph 67): 8 9 any error of judgment, mistake, or act or omission, whether negligent or not, which is made or done in Good Faith by that Participant or by any director, officer, employee or agent of that Participant, any representative of the Participant on the ALT, AMT or WPT or, in the case of a NOP only, any Nominated Subcontractor of the NOP; or 9 10 a cancellation by MTM of an agreed Track Occupation in accordance with clause 18.5. Works the whole of the works and services to be performed by the Participants from time to time under this Agreement and includes: 1 any Scope Variations;2 the Construction Plant; 3 rectification work necessary to make good any Defects arising before and during any Defects Correction Period; and 4 the MTM RTO Role,but excluding any works or services performed by the Participants which are not directly referable to the VfM Statement, the Scope of Works and the assumptions expressly adopted by the Participants in developing the TOC.

Term Meaning. Wilful Default 1 a deliberate and purposeful act or omission carried out, or real and substantial evidence of a deliberate and purposeful act or omission carried out, with a reckless disregard or calculated regard for the consequences of the act or omission by a Participant, its Officers, or any representative of the Participant on the ALT or AMT or, in the case of a NOP only, any Nominated Subcontractor of the NOP, which is a breach of a duty, obligation or Stipulation arising out of this Agreement, or which is a breach of a duty or obligation owed to another Participant however arising (which includes a breach of the Alliance Charter); 2 a fraudulent act or omission under, arising out of or in connection with this Agreement, by a Participant, any director, officer, employee or agent of the Participant, any representative of the Participant on the ALT or AMT or, in the case of a NOP only, any Nominated Subcontractor of the NOP; 3 a repudiation of this Agreement by a Participant; 4 any act or omission under, arising out of or in connection with this Agreement, by an officer, representative or employee of a Participant that: • would, if done by an Officer, constitute a Wilful DefaultXxxxxx Xxxxxxx; • has come to the attention of an Officer of that Participant, or any representative of that Participant appointed to the ALT or AMT; and • the relevant Officer or representative appointed to the ALT or AMT has not taken reasonable action to address; 5 any deliberate or reckless act or omission by a Participant or any of its officers or directors or any of its representatives appointed to the ALT or AMT which: • is a breach of any Statutory Requirements; or • prevents a non-defaulting Participant from performing a role, responsibility or function or discharging an obligation under any Statutory Requirements; 6 a failure by a NOP to comply with clause 37.8; or7 a failure by a NOP to comply with clause 37.10;but does not include (with the exception of paragraph 6): 8 any error of judgment, mistake, or act or omission, whether negligent or not, which is made or done in Good Faith by that Participant or by any director, officer, employee or agent of that Participant, any representative of the Participant on the ALT, AMT or WPT or, in the case of a NOP only, any Nominated Subcontractor of the NOP; or 9 a cancellation by MTM of an agreed Track Occupation in accordance with clause 18.5. Works the whole of the works and services to be performed by the Participants from time to time under this Agreement and includes: 1 any Scope Variations;2 the Construction Plant; 3 rectification work necessary to make good any Defects arising before and during any Defects Correction Period; and 4 the MTM RTO Role,but excluding any works or services performed by the Participants which are not directly referable to the VfM Statement, the Scope of Works and the assumptions expressly adopted by the Participants in developing the TOC.