(ii) the Organisation has breached its obligations under the Water Access Entitlement Assignment Contract with the Commonwealth; and (iii) the Organisation does not provide a satisfactory written response to the Department addressing the matter within 20 Business Days of receiving a notice in writing from the Department to do so, then, the Commonwealth may immediately terminate this Agreement by giving written notice to the Organisation of the termination. 22.2 Where the Commonwealth terminates this Agreement under subclause 22.1, the Commonwealth: (a) will not be obliged to pay to the Organisation any outstanding amount of the Funds except to the extent that those monies have been legally and irrevocably committed for expenditure by the Organisation in accordance with this Agreement (or by an Individual Irrigator for its Project in accordance with its contract with the Organisation) and are payable as a current liability (written evidence of which will be required) by the date on which the notice of termination given under subclause 22.1 is deemed to be received in accordance with subclause 35.2; and (b) will be entitled to recover from the Organisation as a debt due and payable any part of the Funds which: (i) has not been legally and irrevocably committed for expenditure by the Organisation in accordance with this Agreement (or an Individual Irrigator for its Project in accordance with its contract with the Organisation) as a current liability (written evidence of which will be required) by the date on which the notice of termination given under subclause 22.1 is deemed to be received in accordance with subclause 35.2; or (ii) has not, in the opinion, been expended by Commonwealth’s the Organisation in accordance with the terms and conditions of this Agreement (or an Individual Irrigator for its Project in accordance with the terms and conditions of its contract with the Organisation), (c) excluding an amount of Funds equivalent to the agreed value of the Water Access Entitlements Assigned to the Commonwealth under this Agreement (to be calculated proportionately to the values set out in Item 14.1 of the Schedule). 22.3 If the Organisation does not repay to the Commonwealth the amount referred to in clause 21.7 or paragraph 22.2(b) within 10 Business Days of receipt of the notice provided under 21.7 or 22.1 (or if a different period is stated in the
(ii) the Organisation has breached its obligations under the Water Access Entitlement Assignment Contract with the Commonwealth; and (iii) the Organisation does not provide a satisfactory written response to the Department addressing the matter within 20 Business Days of receiving a notice in writing from the Department to do so, then, the Commonwealth may immediately terminate this Agreement by giving written notice to the Organisation of the termination. 22.2 Where the Commonwealth terminates this Agreement under subclause 22.1, the Commonwealth: (a) will not be obliged to pay to the Organisation any outstanding amount of the Funds except to the extent that those monies have been legally and irrevocably committed for expenditure by the Organisation in accordance with this Agreement (or by an Individual Irrigator for its Project in accordance with its contract with the Organisation) and are payable as a current liability (written evidence of which will be required) by the date on which the notice of termination given under subclause 22.1 is deemed to be received in accordance with subclause 35.2; and (b) will be entitled to recover from the Organisation as a debt due and payable any part of the Funds which: (i) has not been legally and irrevocably committed for expenditure by the Organisation in accordance with this Agreement (or an Individual Irrigator for its Project in accordance with its contract with the Organisation) as a current liability (written evidence of which will be required) by the date on which the notice of termination given under subclause 22.1 is deemed to be received in accordance with subclause 35.2; or (ii) has not, in the Commonwealth’s opinion, been expended by the Organisation in accordance with the terms and conditions of this Agreement (or an Individual Irrigator for its Project in accordance with the terms and conditions of its contract with the Organisation), (c) excluding an amount of Funds equivalent to the agreed value of the Water Access Entitlements Assigned to the Commonwealth under this Agreement (to be calculated proportionately to the values set out in Item 14.1 of the Schedule). 22.3 If the Organisation does not repay to the Commonwealth the amount referred to in clause 21.7 or paragraph 22.2(b) within 10 Business Days of receipt of the notice provided under 21.7 or 22.1 (or if a different period is stated in the
piiop-r3-sample-funding-agreement.docx