a cross reference to a clause number is a reference to all its subclauses; where a term is defined, the definition includes all grammatical forms of that term; headings are used for references only; terms which are defined in a schedule and which are not otherwise defined in this VET Funding Contract have the meaning given to them in that schedule; where the expression or is used it means ‘including’ ‘includes’ but not limited to’ or without limitation’; ‘including ‘including if any day for the payment of Funds under this VET Funding Contract falls on a Non-Business Day, the payment will be due on the next Business Day; and a reference to a breach includes a Material Breach. General The exercise of a power, right, obligation or discretion vested in the Department under this VET Funding Contract is taken to be exercised by the Department on behalf of: the Secretary; or a delegate of the Secretary. The provisions of this VET Funding Contract do not merge or terminate on completion of the transactions contemplated in this VET Funding Contract but, to the extent that they have not been fulfilled and satisfied or are capable of having effect, remain in full force and effect. No provisions in this VET Funding Contract shall in any way fetter, restrict, or prevent the exercise by the Department of discretions, elections or options available to the Department under legislation which is applicable to the Department (including the Act). Any waiver of a right or obligation of this VET Funding Contract must be in writing signed on behalf of the party waiving the right or obligation and is effective only to the extent specifically set out in that waiver. If a provision in this VET Funding Contract is held to be illegal, invalid, void, voidable or unenforceable, that provision will be read down or severed, to the extent necessary to ensure that all other provisions of this VET Funding Contract are enforceable. It is not necessary for the Department to make payment before enforcing its right, including a right of indemnity conferred by this VET Funding Contract. Each Party:
a cross reference to a clause number is a reference to all its subclauses; where a term is defined, the definition includes all grammatical forms of that term; headings are used for references only; terms which are defined in a schedule and which are not otherwise defined in this VET Funding Contract have the meaning given to them in that schedule; where the expression ‘including’ or ‘includes’ is used it means ‘including but not limited to’ or ‘including without limitation’; if any day for the payment of Funds under this VET Funding Contract falls on a Non-Business Day, the payment will be due on the next Business Day; and a reference to a breach includes a Material Breach. General The exercise of a power, right, obligation or discretion vested in the Department under this VET Funding Contract is taken to be exercised by the Department on behalf of: the Secretary; or a delegate of the Secretary. The provisions of this VET Funding Contract do not merge or terminate on completion of the transactions contemplated in this VET Funding Contract but, to the extent that they have not been fulfilled and satisfied or are capable of having effect, remain in full force and effect. No provisions in this VET Funding Contract shall in any way fetter, restrict, or prevent the exercise by the Department of discretions, elections or options available to the Department under legislation which is applicable to the Department (including the Act). Any waiver of a right or obligation of this VET Funding Contract must be in writing signed on behalf of the party waiving the right or obligation and is effective only to the extent specifically set out in that waiver. If a provision in this VET Funding Contract is held to be illegal, invalid, void, voidable or unenforceable, that provision will be read down or severed, to the extent necessary to ensure that all other provisions of this VET Funding Contract are enforceable. It is not necessary for the Department to make payment before enforcing its right, including a right of indemnity conferred by this VET Funding Contract. Each Party:
nontafeoneyearvetfundingcontract.docx