Common use of Commencement and Operation Clause in Contracts

Commencement and Operation. 3.1 This Agreement shall come into force and be legally binding on the Parties when: (a) executed by both Parties and exchanged in the manner described in clause 3.2; and (b) the Proponent, or its Sponsor, provides to the Department evidence that it is an incorporated or similar entity, and will continue in force until the completion of the Project and all reporting and audit requirements by the Proponent unless terminated earlier in accordance with clause 8. (a) The Parties irrevocably consent to them both executing and exchanging this Agreement in the manner described in this clause 3.2, and agree that they intend such execution and exchange to constitute them entering a written contract in the form of the Agreement in accordance with the Electronic Transactions ▇▇▇ ▇▇▇▇ (Western Australia). (b) The Proponent will access and read this Agreement in electronic form on the NRM website after the Department notifies the Proponent (by email to the Proponent’s email address provided) of the presence of the Agreement there. (c) If the Proponent agrees to the content of the Agreement and wishes to enter it with the Department, the Proponent will log in to the SmartyGrants@ application webpage and complete the form (sent to the Proponent by the NRM Office via SmartyGrants@) on which it is to execute the Agreement, the Proponent and/or its authorised representative(s) will then execute the Agreement in the required form on that page, and the Proponent will then submit the electronic form. (d) After the Department receives the submitted electronic form the Agreement will be deemed to be executed. The Department will send a notification email to the Proponent at its email address to confirm receipt of the submitted electronic form and execution of the Agreement. 3.3 The Proponent will achieve, or procure the achievement of all milestones described in the attached Schedule(s) to this Agreement. 3.4 The Proponent affirms that no other funding has been sought or approved to implement the activities funded under this Agreement. 3.5 Nothing in this Agreement affects any other existing agreements between the State Government and its agencies and the Proponent. 3.6 This Agreement may be amended at any stage by agreement in writing by the Parties. 3.7 Without limiting the previous clause, the Parties will notify and consult each other on matters that come to their attention that may improve the operation of this Agreement. 3.8 The Proponent agrees not to represent itself, and to use its best endeavours to ensure that its officers, employees, agents and subcontractors do not represent themselves, as being an officer or employee, or agent of the State Government, or as otherwise able to bind or represent the State Government. 3.9 The Proponent agrees to Funding details and Proponent contact details being made public where the Funding Administrator considers it to be in the public interest.

Commencement and Operation. 3.1 3.1. This Agreement shall come into force and be legally binding on the Parties when: (a) executed by both Parties and exchanged in the manner described in clause 3.2; and (b) the Proponent, or its Sponsor, provides to the Department evidence that it is an incorporated or similar entity, ; and will continue in force until the completion of the Project and all reporting and audit requirements by the Proponent unless terminated earlier in accordance with clause 8. (a) The Parties irrevocably consent to them both executing and exchanging this Agreement in the manner described in this clause 3.2, and agree that they intend such execution and exchange to constitute them entering a written contract in the form of the Agreement in accordance with the Electronic Transactions ▇▇▇ ▇▇▇▇ Act 2011 (Western Australia). (b) The Proponent will access and read this Agreement in electronic form on the State NRM website after the Department notifies the Proponent (by email to the Proponent’s email address provided) of the presence of the Agreement there. (c) If the Proponent agrees to the content of the Agreement and wishes to enter it with the Department, then the Proponent will log in to the SmartyGrants@ SmartyGrants application webpage and complete the form (sent to the Proponent by the State NRM Office via SmartyGrants@SmartyGrants) on which it is to execute the Agreement, the Proponent and/or its authorised representative(s) will then execute the Agreement in the required form on that page, and the Proponent will then submit the electronic form. (d) After the Department receives the submitted electronic form the Agreement will be deemed to be executed. The Department will send a notification email to the Proponent at its email address to confirm receipt of the submitted electronic form and execution of the Agreement. 3.3 3.3. The Proponent will achieve, or procure the achievement of all milestones described in the attached Schedule(s) to this Agreement. 3.4 3.4. The Proponent affirms that no other funding has been sought or approved to implement the activities funded under this Agreement. 3.5 3.5. Nothing in this Agreement affects any other existing agreements between the State Government and its agencies and the Proponent. 3.6 3.6. This Agreement may be amended at any stage by agreement in writing by the Parties. 3.7 3.7. Without limiting the previous clause, the Parties will notify and consult each other on matters that come to their attention that may improve the operation of this Agreement. 3.8 3.8. The Proponent agrees not to represent itself, and to use its best endeavours to ensure that its officers, employees, agents and subcontractors do not represent themselves, as being an officer or employee, or agent of the State Government, or as otherwise able to bind or represent the State Government. 3.9 3.9. The Proponent agrees to Funding details and Proponent contact details being made public where the Funding Administrator considers it to be in the public interest.