Common use of SECURITY OF PAYMENT Clause in Contracts

SECURITY OF PAYMENT. The Service Provider acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Service Provider must immediately provide to Essential Energy’s Representative a copy of any notice or document: served by the Service Provider on Essential Energy under or in connection with the Security of Payment Act; and received by the Service Provider from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Service Provider and the amount of such payment will be a debt due from the Service Provider to Essential Energy. Payment by Essential Energy of any amount under this clause 19 will not relieve the Service Provider of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Service Provider is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: a suspension pursuant to the Security of Payment Act by a subcontractor or a sub-consultant to the Service Provider of; the Service Provider’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-consultant or subcontractor to the Service Provider for; or an adjudication application issued by a sub-consultant or subcontractor to the Service Provider under the Security of Payment Act in connection with, work which forms part of or is incidental to the Services.

SECURITY OF PAYMENT. The Service Provider acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Service Provider must immediately provide to Essential Energy’s Representative a copy of any notice or document: : (a) served by the Service Provider on Essential Energy under or in connection with the Security of Payment Act; and and‌ (b) received by the Service Provider from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Service Provider and the amount of such payment will be a debt due from the Service Provider to Essential Energy. Payment by Essential Energy of any amount under this clause 19 will not relieve the Service Provider of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Service Provider is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: with:‌ (c) a suspension pursuant to the Security of Payment Act by a subcontractor or a sub-consultant to the Service Provider of; ; (d) the Service Provider’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-consultant or subcontractor to the Service Provider for; or or (e) an adjudication application issued by a sub-consultant or subcontractor to the Service Provider under the Security of Payment Act in connection with, with,‌ work which forms part of or is incidental to the Services.

SECURITY OF PAYMENT. The Service Provider Supplier acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Service Provider Supplier must immediately provide to Essential Energy’s Representative a copy of any notice or document: : (a) served by the Service Provider Supplier on Essential Energy under or in connection with the Security of Payment Act; and and (b) received by the Service Provider Supplier from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Service Provider Supplier and the amount of such payment will be a debt due from the Service Provider Supplier to Essential Energy. Payment by Essential Energy of any amount under this clause 19 will 30(b)will not relieve the Service Provider Supplier of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Service Provider Supplier is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: : (c) a suspension pursuant to the Security of Payment Act by a subcontractor or a sub-consultant supplier or subcontractor to the Service Provider Supplier of; ; (d) the Service ProviderSupplier’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-consultant supplier or subcontractor to the Service Provider forSupplier; or or (e) an adjudication application issued by a sub-consultant supplier or subcontractor to the Service Provider Supplier under the Security of Payment Act in connection with, work which forms part of or is incidental to the Serviceswork under a Purchase Order Contract.

SECURITY OF PAYMENT. ‌ The Service Provider Contractor acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Service Provider Contractor must immediately provide to Essential Energy’s Representative a copy of any notice or document: : (a) served by the Service Provider Contractor on Essential Energy under or in connection with the Security of Payment Act; and and (b) received by the Service Provider Contractor from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Service Provider Contractor and the amount of such payment will be a debt due from the Service Provider Contractor to Essential Energy. Payment by Essential Energy of any amount under this clause 19 31(b) will not relieve the Service Provider Contractor of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract. Contract.‌ Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Service Provider Contractor is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: : (c) a suspension pursuant to the Security of Payment Act by a subcontractor or a sub-consultant to the Service Provider Contractor of; ; (d) the Service ProviderContractor’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-consultant or subcontractor to the Service Provider Contractor for; or or (e) an adjudication application issued by a sub-consultant or subcontractor to the Service Provider Contractor under the Security of Payment Act in connection with, work which forms part of or is incidental to the Serviceswork under a Purchase Order Contract.

SECURITY OF PAYMENT. The Service Provider Contractor acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Service Provider Contractor must immediately provide to Essential Energy’s Representative a copy of any notice or document: served by the Service Provider Contractor on Essential Energy under or in connection with the Security of Payment Act; and received by the Service Provider Contractor from any third party in connection with the Project where that notice notice, or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Service Provider Contractor and the amount of such payment will be a debt due from the Service Provider Contractor to Essential Energy. Payment by Essential Energy of any amount under this clause 19 18 will not relieve the Service Provider Contractor of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order TCTF Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order TCTF Contract, the Service Provider Contractor is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: a suspension pursuant to the Security of Payment Act by a subcontractor or a sub-consultant to the Service Provider Contractor of; the Service ProviderContractor’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-consultant or subcontractor to the Service Provider Contractor for; or an adjudication application issued by a sub-consultant or subcontractor to the Service Provider Contractor under the Security of Payment Act in connection with, work which forms part of or is incidental to the Services.

SECURITY OF PAYMENT. ‌ The Service Provider Contractor acknowledges, for the avoidance of doubt, that to the extent Essential Energy has an entitlement to issue a payment schedule(s) (or its equivalent) or any other document or notice under the Security of Payment Act, it may do so by Essential Energy’s Representative who acts as Essential Energy’s agent in that regard. The Service Provider Contractor must immediately provide to Essential Energy’s Representative a copy of any notice or document: : (a) served by the Service Provider Contractor on Essential Energy under or in connection with the Security of Payment Act; and and (b) received by the Service Provider Contractor from any third party in connection with the Project where that notice or document is provided under the Security of Payment Act. In such event, Essential Energy may, in its absolute discretion, pay such third party the money that it is owed by the Service Provider Contractor and the amount of such payment will be a debt due from the Service Provider Contractor to Essential Energy. Payment by Essential Energy of any amount under this clause 19 31(b) will not relieve the Service Provider Contractor of any of its obligations and liabilities under or in connection with the Panel Agreement, these General Conditions or a Purchase Order Contract. Without limiting Essential Energy’s rights pursuant to any other clause of the Panel Agreement, these General Conditions or a Purchase Order Contract, the Service Provider Contractor is liable for and indemnifies Essential Energy against all loss, costs, damages and expense (including legal fees on an indemnity basis) or liability arising out of or in connection with: : (c) a suspension pursuant to the Security of Payment Act by a subcontractor or a sub-consultant to the Service Provider Contractor of; ; (d) the Service ProviderContractor’s failure to pay an amount claimed pursuant to the Security of Payment Act by a sub-consultant or subcontractor to the Service Provider Contractor for; or or (e) an adjudication application issued by a sub-consultant or subcontractor to the Service Provider Contractor under the Security of Payment Act in connection with, work which forms part of or is incidental to the Serviceswork under a Purchase Order Contract.