will not be unreasonably withheld). The approval may be Commonwealth’s given subject to any conditions the Commonwealth may impose. 7.2 The Organisation must ensure that Individual Irrigators only use the Funding to create or acquire Assets which have been specified in a contract with an Individual Irrigator and approved by the Commonwealth as specified in clause 7.1. 7.3 During the Activity Period the Organisation agrees to use each Asset, and ensure that each Asset is used: (a) by the Organisation in accordance with this Agreement; (b) by an Individual Irrigator in accordance with a contract between the Organisation and an Individual Irrigator. 7.4 Throughout the Term of this Agreement, the Organisation agrees (and must ensure that its Individual Irrigators agree in each contract with the Organisation): (a) not to encumber or Dispose of any Asset, or deal with or use any Asset other than in accordance with this clause 7, without the Organisation obtaining the prior written approval, Department’s which may be given subject to any conditions the Department requires; (b) to hold all Assets securely and safeguard them against theft, loss, damage, or unauthorised use; (c) to maintain all Assets in good working order; (d) (unless a specific exemption is given by the Department to the Organisation) maintain all appropriate insurances for all Assets to their full replacement value noting the interests, if Commonwealth’s any, in the Asset under this Agreement and provide satisfactory written evidence of this to the Department when requested; (e) if required by law, maintain registration and licensing of all Assets; (f) to be fully responsible for, and bear all risks relating to, the use or Disposal of all Assets; (g) to maintain an Assets register in the form and containing the details as described in the Schedule and in the case of Individual Irrigators include those details on each relevant Individual file Irrigator’s maintained by the Organisation; and (h) as and when requested by the Department to the Organisation, provide copies of the Assets register to the Department. 7.5 If the Organisation or an Individual Irrigator Disposes of an Asset during the Term of this Agreement (which must be with the prior written Department’s consent and subject to any conditions the Department may impose), the
will not be unreasonably withheld). The Commonwealth’s approval may be given subject to any conditions the Commonwealth may impose. 7.2 The Organisation must ensure that Individual Irrigators only use the Funding to create or acquire Assets which have been specified in a contract with an Individual Irrigator and approved by the Commonwealth as specified in clause 7.1. 7.3 During the Activity Period the Organisation agrees to use each Asset, and ensure that each Asset is used: (a) by the Organisation in accordance with this Agreement; (b) by an Individual Irrigator in accordance with a contract between the Organisation and an Individual Irrigator. 7.4 Throughout the Term of this Agreement, the Organisation agrees (and must ensure that its Individual Irrigators agree in each contract with the Organisation): (a) not to encumber or Dispose of any Asset, or deal with or use any Asset other than in accordance with this clause 7, without the Organisation obtaining the Department’s prior written approval, which may be given subject to any conditions the Department requires; (b) to hold all Assets securely and safeguard them against theft, loss, damage, or unauthorised use; (c) to maintain all Assets in good working order; (d) (unless a specific exemption is given by the Department to the Organisation) maintain all appropriate insurances for all Assets to their full replacement value noting the Commonwealth’s interests, if any, in the Asset under this Agreement and provide satisfactory written evidence of this to the Department when requested; (e) if required by law, maintain registration and licensing of all Assets; (f) to be fully responsible for, and bear all risks relating to, the use or Disposal of all Assets; (g) to maintain an Assets register in the form and containing the details as described in the Schedule and in the case of Individual Irrigators include those details on each relevant Individual Irrigator’s file maintained by the Organisation; and (h) as and when requested by the Department to the Organisation, provide copies of the Assets register to the Department. 7.5 If the Organisation or an Individual Irrigator Disposes of an Asset during the Term of this Agreement (which must be with the Department’s prior written consent and subject to any conditions the Department may impose), the
piiop-r3-sample-funding-agreement.docx