(i) the originals of all operating and maintenance manuals for all and equipment forming part of the Works; and (ii) all notices, permits, approvals and certificates required to be obtained from relevant authorities; By 30 days after the date of the issue of a Certificate of Practical Completion, the Contractor shall: (b) deliver to the Principal the following: (i) all shop drawings and as built drawings as required by the Contract or requested by the Superintendent; and (ii) all original warranties; and (c) provide evidence of compliance with all relevant aspects of the quality assurance system including, but not limited to, having undertaken all final inspections and testing of the Works required by that system.” Clause 42.4 is amended by replacing the words in the heading of Certificates” “Effect with of Payment Schedules”. “Effect Clause 42.5 is amended by adding, in subparagraph 2, after the words "under or arising out of" the words” or in connection with". Clause 42.6 is amended by: adding, in subparagraph 1, after the words "under or arising out of" the words " or in connection with” replacing the words Certificate” with Payment Schedule” and “Final “Final replacing at line 16 the words days” with business days”. “14 “10 Clause 43 is amended by replacing the Certificate” with “Payment “Payment Schedule” Su-clause 44.2 is amended by deleting, in subparagraph 1, the "and the Principal considers that damages may not be an adequate remedy". Clause 44.10 is amended by adding the following new subparagraph to the end of the clause: If the Contract is wrongfully terminated pursuant to Clause 44.9 the Contractor shall only be entitled to recover damages in respect of the wrongful termination of the Contract and shall not be entitled to claim on a quantum meruit or by reason of unjust enrichment. Clause 44.11 is replaced with the following new clause: If: (a) a party informs the other party in writing or creditors generally that the party is insolvent or is financially unable to proceed with the Contract; (b) execution is levied against a party by a creditor; (c) a party is an individual person or a partnership including an individual person, and if that person: (i) commits an act of bankruptcy; (ii) has a bankruptcy petition presented against him or her or presents his or
(i) the originals of all operating and maintenance manuals for all and equipment forming part of the Works; and (ii) all notices, permits, approvals and certificates required to be obtained from relevant authorities; By 30 days after the date of the issue of a Certificate of Practical Completion, the Contractor shall: (b) deliver to the Principal the following: (i) all shop drawings and as built drawings as required by the Contract or requested by the Superintendent; and (ii) all original warranties; and (c) provide evidence of compliance with all relevant aspects of the quality assurance system including, but not limited to, having undertaken all final inspections and testing of the Works required by that system.” Clause 42.4 is amended by replacing the words in the heading “Effect of Certificates” with “Effect of Payment Schedules”. Clause 42.5 is amended by adding, in subparagraph 2, after the words "under or arising out of" the words” or in connection with". Clause 42.6 is amended by: adding, in subparagraph 1, after the words "under or arising out of" the words " or in connection with” replacing the words “Final Certificate” with “Final Payment Schedule” and replacing at line 16 the words “14 days” with “10 business days”. Clause 43 is amended by replacing the “Payment Certificate” with “Payment Schedule” Su-clause 44.2 is amended by deleting, in subparagraph 1, the "and the Principal considers that damages may not be an adequate remedy". Clause 44.10 is amended by adding the following new subparagraph to the end of the clause: If the Contract is wrongfully terminated pursuant to Clause 44.9 the Contractor shall only be entitled to recover damages in respect of the wrongful termination of the Contract and shall not be entitled to claim on a quantum meruit or by reason of unjust enrichment. Clause 44.11 is replaced with the following new clause: If: (a) a party informs the other party in writing or creditors generally that the party is insolvent or is financially unable to proceed with the Contract; (b) execution is levied against a party by a creditor; (c) a party is an individual person or a partnership including an individual person, and if that person: (i) commits an act of bankruptcy; (ii) has a bankruptcy petition presented against him or her or presents his or
Victorian-Public-Sector-Special-Conditions-for-use-with-AS4300-1995%20February%202015.docx