Common use of Termination for fault Clause in Contracts

Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations ▇▇▇ ▇▇▇▇ (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations ▇▇▇ ▇▇▇▇ (Cth); c. proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. another clause of this Agreement allows for termination under this clause 17.2; or g. the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth: a. will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. will be entitled to recover from the Recipient any part of the Funding which: i. is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement.

Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations ▇▇▇ ▇▇▇▇ Act 2001 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations ▇▇▇ ▇▇▇▇ Act 2001 (Cth); c. proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. another clause of this Agreement allows for termination under this clause 17.2; or g. the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth: a. will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. will be entitled to recover from the Recipient any part of the Funding which: i. is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement.

Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. : if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. ; if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. : the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations ▇▇▇ ▇▇▇▇ (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. ; the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations ▇▇▇ ▇▇▇▇ (Cth); c. ; proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. ; in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. ; the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. ; another clause of this Agreement allows for termination under this clause 17.2; or g. or the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth: a. : will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. and will be entitled to recover from the Recipient any part of the Funding which: i. : is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. or has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement. Clause 17.2 does not limit or exclude any of the Commonwealth’s other rights under this Agreement.

Termination for fault. 17.2.1‌‌ 15.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.215.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations ▇▇▇ ▇▇▇▇ Act 2001 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations ▇▇▇ ▇▇▇▇ Act 2001 (Cth); c. proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. another clause of this Agreement allows for termination under this clause 17.215.2; or g. the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.315.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 15.2 the Commonwealth: a. will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. will be entitled to recover from the Recipient any part of the Funding which: i. is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement.

Termination for fault. 17.2.1. If the Recipient does not comply with any of its obligations under this Agreement, then the Commonwealth: a. : if it considers that the non-compliance is not capable of remedy - may by notice terminate this Agreement immediately; b. ; if it considers that the non-compliance is capable of remedy - may, by notice require that the non-compliance be remedied within the time specified in the notice, and if not remedied within that time, may terminate the Agreement immediately by giving a second notice. 17.2.2. The Commonwealth may also by notice terminate this Agreement immediately if: a. : the Recipient comes under one of the forms of external administration referred to in Chapter 5 of the Corporations ▇▇▇ ▇▇▇▇ Act 2001 (Cth) or equivalent provisions in legislation of the States and Territories pertaining to incorporated associations or Chapter 11 of the Corporations (Aboriginal and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Islander) Act 2006 (Cth) or has an order made against it for the purpose of placing it under external administration; b. ; the Recipient is unable to pay all its debts as and when they become due and payable or it fails to comply with a statutory demand within the meaning of sections 459E and 459F of the Corporations ▇▇▇ ▇▇▇▇ Act 2001 (Cth); c. ; proceedings are initiated with a view to obtaining an order for winding up the Recipient, or any shareholder, member or director convenes a meeting for the purpose of considering or passing of any resolution for winding up the Recipient; d. ; in relation to this Agreement, the Recipient breaches any law of the Commonwealth of Australia, or of a State or Territory; e. ; the Recipient becomes bankrupt or enters into a scheme of arrangement with creditors; f. ; another clause of this Agreement allows for termination under this clause 17.2; or g. or the Commonwealth is satisfied that any statement made in the Recipient’s application for Funding is incorrect, incomplete, false or misleading in a way which would have affected the original decision to approve the Funding. 17.2.3. Where the Commonwealth terminates this Agreement under clause 17.2 the Commonwealth: a. : will be liable only to pay Funding due and owing to the Recipient under the payment provisions of the Agreement before the date of the notice of termination; and b. and will be entitled to recover from the Recipient any part of the Funding which: i. : is not legally committed for expenditure by the Recipient in accordance with the Agreement and payable by the Recipient by the date that the notice of termination is received; or ii. or has not, in the Commonwealth’s opinion, been spent by the Recipient in accordance with the Agreement. Clause 17.2 does not limit or exclude any of the Commonwealth’s other rights under this Agreement.