Terms of Subcontract. Unless otherwise agreed by the Department, for each Approved Subcontractor, the Operator must ensure that: (a) the written subcontract includes a right of termination to take account of the Department's right of termination under clauses [insert] and the Department's right of revocation of approval of a Subcontractor under clauses 28.6 and 28.7 so that the Department has no Liability to the Operator in respect of any Liability the Operator may have to any Subcontractor as a consequence of the termination or revocation; (b) the written subcontract includes a requirement that the Approved Subcontractor consents to a novation of the subcontract as required under clause 28.9; (c) the written subcontract includes a requirement that the Approved Subcontractor grants a power of attorney in favour of the Department that allows the Department to execute any documents necessary to give effect to the novation of the subcontract; (d) the written subcontract imposes obligations on the Approved Subcontractor equivalent to the obligations under clause 28.3; (e) the terms of the written subcontract with the Approved Subcontractor includes a requirement for the Approved Subcontractor to comply with all applicable Laws and: (i) clause 19 (Protection of Department Data); (ii) clause 20 (Protection of Personal Information); (iii) clause 21 (Security); (iv) clause 22 (Offshoring); (v) clause 23 (Confidentiality); (vi) clause 33 (Books and records) (vii) clause 34 (Audit and access); (viii) clause 41 (Compliance with Department's Policies); (ix) clause 44 (Work health and safety); (x) clause 51 (Disclosure); and (xi) clauses [insert] (Termination); (f) the Approved Subcontractor will comply and co-operate with the Department if the Department exercises its Step-in Rights under this Agreement; and (g) the remainder of the terms of the written subcontract with the Approved Subcontractor are consistent with, and include relevant obligations at least as rigorous on the Approved Subcontractor as those imposed on the Operator in this Agreement.
Appears in 1 contract
Sources: Concession Deed
Terms of Subcontract. (a) The Supplier must enter into a written subcontract with each Subcontractor.
(b) Unless otherwise agreed by the DepartmentPrincipal, for each Approved any Subcontractor, the Operator Supplier must ensure that:
(ai) the written subcontract Subcontract includes a right of termination to take account of the DepartmentPrincipal's right of termination under clauses [insert] 57.1 and 57.2 and the DepartmentPrincipal's right of revocation of approval of a Subcontractor under clauses 28.6 and 28.7 so that the Department has no Liability to the Operator in respect of any Liability the Operator may have to any Subcontractor as a consequence of the termination or revocationclause 20.6;
(bii) the written subcontract Subcontract includes a requirement that the Approved Subcontractor consents to a novation of the subcontract as required under clause 28.9;
(c) the written subcontract includes a requirement that the Approved Subcontractor grants a power of attorney in favour of the Department Principal that allows the Department Principal to execute any such documents necessary to give effect to the novation of the subcontract;
(diii) the written subcontract Subcontract imposes obligations on the Approved Subcontractor equivalent to the obligations under clause 28.3;under:
(eA) clause 20.3; and
(B) this clause 20.9(b).
(iv) the terms of the written subcontract Subcontract with the Approved Subcontractor includes a requirement for the Approved Subcontractor to to:
(c) comply with all applicable Laws andLaws;
(d) comply with:
(i) clause 19 24 (Protection Treatment of Department DataIndigenous Cultural and Intellectual Property);
(ii) clause 20 25 (Intellectual Property Rights); (Ill)
(iii) clause 27 (Protection of Principal Data);
(iv) clause 31 (Change in Control);
(v) clause 34 (Confidentiality);
(vi) clause 35 (Protection of Personal Information);
(iii) clause 21 (Security);
(iv) clause 22 (Offshoring);
(v) clause 23 (Confidentiality);
(vi) clause 33 (Books and records)
(vii) clause 34 37 (Audit Acknowledgement and accesspromotion);
(viii) clause 41 40 (Compliance with Department's PoliciesFreedom of information);
(ix) clause 44 41 (Illegal Workers);
(x) clause 42 (Work health and safety);
(xxi) clause 51 45 (DisclosureConflict of interest);
(xii) clause 46 (Security);
(xiii) clause 50 (Compliance with policies and Law);
(xiv) clause 52 (Fraud);
(xv) clause 53 (Books and records); and
(xixvi) clauses [insert] clause 54 (TerminationAudit and access);
(f) the Approved Subcontractor will comply and co-operate with the Department if the Department exercises its Step-in Rights under this Agreement; and
(ge) have and maintain insurances relevant to the performance of the Services and similar to that required of the Supplier taking into consideration the nature, scope and volume of the Services being provided by the Subcontractor; and
(i) the remainder of the terms of the written subcontract Subcontract with the Approved Subcontractor are consistent with, with and include relevant obligations at least as rigorous on the Approved Subcontractor as those imposed on the Operator Supplier in this AgreementAgreement and the relevant Contract.
Appears in 1 contract
Sources: Supplier Agreement