Common use of Satisfaction and Waiver of Conditions Clause in Contracts

Satisfaction and Waiver of Conditions. (a) This Contract (with the exception of this clause 3 and clauses 1, 2, 5, 6, 7.1 and 7.2, 7.4 and 7.5, 7.7 and 7.8, 7.13 and 7.14, 11.1 and 11.2, 16.1 and 16.2, 18.2 to 18.4, 20, 23, 34, 35, 36, 38, 39, 42, 43, 44, 45 and 46 is conditional upon, and does not become binding until, the satisfaction or waiver under subclause (c) of each of the conditions set out in subclause (b). (b) The conditions referred to in subclause (a) are: (i) the Principal having approved the Transition Plan. (ii) the Principal having approved the Schedule of Programs in accordance clause 7.14. (iii) the Principal having approved the Staffing. (iv) the Principal having approved the Facility Management Plan. (v) the Principal having approved the Enabling Works Plan. (vi) the Principal having approved all Contract Workers in accordance with the requirements of clause 12.2 necessary to carry out the Services as at the Services Commencement Date; (vii) the Contractor complying with subclauses 30.1 and 30.3; (viii) the Principal having received a Bank Guarantee which satisfies the requirements of clause 31.2; (ix) the Principal having received a Parent Guarantee from the Guarantor in the form set out in Schedule 4; and (x) the representations and warranties in clause 38.1 remain true and correct as at the date each other condition in this subclause (b) is satisfied or waived. (c) The conditions in subclause (b) may only be waived by the Principal notifying the Contractor of its waiver. (d) The Parties must: (i) use reasonable endeavours (other than waiver) to ensure that the conditions referred to in subclause (b) are satisfied on or before the Services Commencement Date; and (ii) keep each other informed of any circumstances which may result in any of those conditions not being satisfied in accordance with its terms.

Satisfaction and Waiver of Conditions. ‌ (a) This Contract (with the exception of this clause 3 and clauses 1, 2, 5, 6, 7.1 and 7.2, 7.4 and 7.5, 7.7 and 7.8, 7.13 and 7.14, 11.1 and 11.2, 16.1 and 16.2, 18.2 to 18.4, 20, 23, 34, 35, 36, 38, 39, 42, 43, 44, 45 and 46 is conditional upon, and does not become binding until, the satisfaction or waiver under subclause (c) of each of the conditions set out in subclause (b). (b) The conditions referred to in subclause (a) are: (i) the Principal having approved the Transition Plan. (ii) the Principal having approved the Schedule of Programs in accordance clause 7.14. (iii) the Principal having approved the Staffing. (iv) the Principal having approved the Facility Management Plan. (v) the Principal having approved the Enabling Works Plan. (vi) the Principal having approved all Contract Workers in accordance with the requirements of clause 12.2 necessary to carry out the Services as at the Services Commencement Date; (vii) the Contractor complying with subclauses 30.1 and 30.3; (viii) the Principal having received a Bank Guarantee which satisfies the requirements of clause 31.2; (ix) the Principal having received a Parent Guarantee from the Guarantor in the form set out in Schedule 4; and (x) the representations and warranties in clause 38.1 remain true and correct as at the date each other condition in this subclause (b) is satisfied or waived. (c) The conditions in subclause (b) may only be waived by the Principal notifying the Contractor of its waiver. (d) The Parties must: (i) use reasonable endeavours (other than waiver) to ensure that the conditions referred to in subclause (b) are satisfied on or before the Services Commencement Date; and (ii) keep each other informed of any circumstances which may result in any of those conditions not being satisfied in accordance with its terms.