Common use of Specified Events Clause in Contracts

Specified Events. You acknowledge and agree that, without limiting or otherwise affecting any of Our other rights in this Deed, We may, in Our absolute discretion: issue You a Notice under clause 24.4 (Subsequent action in response to a Specified Event), if We consider, in Our absolute discretion, that any of the Specified Events set out in clause 24.2 or clause 24.3 below are occurring or have occurred; or issue You a Notice under clause 25 (Termination without costs), if We consider, in Our absolute discretion, that any of the Specified Events set out in clause 24.3 below are occurring or have occurred. The Parties acknowledge and agree that each of the following is a "Specified Event": We do not have confidence in Your ability to perform Your obligations under this Deed; or We consider that You are failing to perform Your obligations under this Deed to Our satisfaction. Without limiting or otherwise affecting clause 24.2, the Parties acknowledge and agree that each of the following is a "Specified Event": Your approval as a Temporary Activities Sponsor with the Department of Home Affairs ceases to be in effect, is suspended, cancelled or is barred; We are satisfied that at any time You have engaged in misleading or deceptive conduct, including where You have provided false or misleading information to Us or any Relevant Agency; We consider that You have provided Us or any Relevant Agency with a Report, Record or other Material which is not true, accurate and complete; You fail to deliver Reports or Records (or both, as the case may be) in accordance with this Deed, including the specified time requirements; without limiting any other Specified Event in this clause 24.3, We consider that You are in breach of any of Your obligations under this Deed and where such a breach is capable of remedy, You do not remedy the breach within five Business Days of receiving a Notice in writing from Us to do so, or another timeframe as agreed between the Parties; We consider that You are in breach of an obligation under this Deed and the breach is not capable of remedy; You fail to respond within five Business Days to a Notice sent by Us to You identifying actual or potential breaches of Your obligations under this Deed; You are issued with three breach Notices in a 12 month period in relation to this Deed, irrespective of whether You remedy those breaches; without limiting clause 24.3(n), You fail to pay any of Your workers, including a Seasonal Worker, any amount (in whole or in part) in accordance with the relevant Fair Work Instrument; You are unable to pay all Your debts when they become due; any of the following occurs at any time during the Term of this Deed: You fail to comply with a statutory demand within the meaning of section 459F of the Corporations Act 2001 (Cth); proceedings are initiated to obtain an order for Your winding up or any shareholder, member or director convenes a meeting to consider a resolution for Your winding up; You come under one of the forms of external administration referred to in Chapter 5 of the Corporations Act 2001 (Cth) or equivalent provisions in other legislation, or an order has been made to place You under external administration; or notice is served on You or proceedings are taken to cancel Your incorporation or registration or to dissolve You as a legal entity; if You are an individual, You become bankrupt or enter into a scheme of arrangement with creditors or are found to be non-compliant with any other Australian laws; or You cease to carry on a business relevant to the performance of this Deed; We are of the opinion that You have failed to comply with any Australian law or the law of any other country that applies to activities You are engaged in in connection with the Seasonal Worker Programme; without limiting clause 24.3(n), You admit to, are under investigation for, or are charged with, a breach of any of Your statutory obligations (including under the Fair Work Act 2009 (Cth) or other relevant workplace laws, any relevant Commonwealth, state and territory work health and safety legislation or the Migration Act 1953 (Cth)); You fail to Notify Us prior to undergoing a Change in Control, or You undergo a Change in Control which We consider affects Your ability to participate in the Seasonal Worker Programme; or You are subject to a criminal investigation or are charged with a criminal offence.

Specified Events. You acknowledge and agree that, without limiting or otherwise affecting any of Our other rights in this Deed, We may, in Our absolute discretion: issue You a Notice under clause 24.4 19.4 (Subsequent action in response to a Specified Event), if We consider, in Our absolute discretion, that any of the Specified Events set out in clause 24.2 19.2 or clause 24.3 19.3 below are occurring or have occurred; or issue You a Notice under clause 25 20 (Termination without costs), if We consider, in Our absolute discretion, that any of the Specified Events set out in clause 24.3 19.3 below are occurring or have occurred. The Parties acknowledge and agree that each of the following is a "Specified Event": We do not have confidence in Your ability to perform Your obligations under this Deed; or We consider that You are failing to perform Your obligations under this Deed to Our satisfaction. Without limiting or otherwise affecting clause 24.219.2, the Parties acknowledge and agree that each of the following is a "Specified Event": Your approval as a Temporary Activities Sponsor with the Department of Home Affairs ceases to be in effect, is suspended, cancelled or is barredYou are barred from holding such approval; You fail to be approved as a Temporary Activities Sponsor within twelve (12) months of the Effective Date of this Deed; We are satisfied that, prior to entering into this Deed, You have engaged in misleading or deceptive conduct or omitted to provide information to Us either in the Application to become an Approved Employer or otherwise: that is material to the performance of this Deed; or that may have affected Our original decision to enter into this Deed or any action taken by Us under this Deed; We are satisfied that at any time You: provided false or misleading information in a Report, Record or other Material that You have had to provide to Us or Our Managing Contractor under this Deed; or engaged in misleading or deceptive conductconduct or omitted to provide Us, including where You have provided false or misleading information to Us Our Managing Contractor or any Relevant AgencyAgency with information in a Report, Record or other Material, that may have affected the original decision by Us, Our Managing Contractor or Relevant Agency (as the case may be) to approve or endorse the content of the Report, Record or other Material; We consider that You have provided Us Us, Our Managing Contractor or any Relevant Agency with a Report, Record or other Material which is not true, accurate and complete; You are a participant in another Employment Program and: We are satisfied that You provided false or misleading information, or omitted to provide important information, in relation to that program; Your participation in that program has been suspended or terminated; or You have substantially failed to comply with your obligations under that program; You fail to deliver Reports or Records (or both, as the case may be) in accordance with this Deed, including within the specified time requirements; without limiting any other Specified Event in this clause 24.319.3, We consider that You are in breach of any of Your obligations under this Deed and where such a breach is capable of remedy, You do not remedy the breach within five (5) Business Days of receiving a Notice in writing from Us to do so, or another timeframe as agreed between the Parties; We consider that You are in breach of an obligation under this Deed and the breach is not capable of remedy; You fail to respond within five (5) Business Days to a Notice sent by Us to You identifying actual or potential breaches of Your obligations under this Deed, or such other longer timeframe specified by Us in the Notice; You are issued with three breach Notices in a 12 month period in relation to this Deed, irrespective of whether You remedy those breaches; without limiting clause 24.3(n19.3(q), You fail to pay any of Your workers, including a Seasonal Worker, any amount (in whole or in part) in accordance with the relevant Fair Work Instrument; You are unable to pay all Your debts when they become due; any of the following occurs at any time during the Term of this Deed: You fail to comply with a statutory demand within the meaning of section 459F of the Corporations Act 2001 ▇▇▇ ▇▇▇▇ (Cth); proceedings are initiated to obtain an order for Your winding up or any shareholder, member or director convenes a meeting to consider a resolution for Your winding up; You come under one of the forms of external administration referred to in Chapter 5 of the Corporations Act 2001 ▇▇▇ ▇▇▇▇ (Cth) or equivalent provisions in other legislation, or an order has been made to place You under external administration; or notice Notice is served on You or proceedings are taken to cancel Your incorporation or registration or to dissolve You as a legal entity; if You are an individual, You become bankrupt or enter into a scheme of arrangement with creditors or are found to be non-compliant with any other Australian laws; or You cease to carry on a business relevant to the performance of this Deed; We are of the opinion that You have failed to comply with any Australian law or the law of any other country that applies to activities You are engaged in in connection with the Seasonal Worker ProgrammeScheme; without limiting clause 24.3(n19.3(q), You admit to, are under investigation for, or are charged with, a breach of any of Your statutory obligations (including under the Fair Work Act 2009 ▇▇▇ ▇▇▇▇ (Cth) or other relevant workplace laws, any relevant Commonwealth, state and territory work health and safety legislation or the Migration Act 1953 ▇▇▇ ▇▇▇▇ (Cth)); You fail to Notify Us prior to undergoing a Change in Control, or You undergo a Change in Control which We consider affects Your ability to participate in the Seasonal Worker ProgrammeScheme; or You You, or a director or other office holder of Your organisation, are subject to a criminal investigation or are charged with a criminal offence.