breaches any provision of the Agreement that is not capable of remedy; or any of its Personnel involved in the provision of the Services is guilty of dishonesty or other serious misconduct; commits any act or does anything that may be prejudicial or otherwise detrimental to the reputation of the or suffers from an Insolvency Event. 10(b) and New clauses have been included allowing the The Organisation will pay the unavoidable and substantiated incurred by the Supplier as a direct (c) Organisation to terminate without cause (for result of the termination for convenience, including the cost of any Services provided up to the date of convenience). termination. This is to reduce the risk that the right to terminate for convenience is viewed as an unfair contract term under the Australian Consumer Law and Fair Trading Act 2012 (Vic). The Supplier must to everything possible to mitigate its losses arising from the termination. 10(e) The Supplier may only terminate the The Supplier must give at least 20 Business Days written notice to the Organisation to exercise its right of Agreement for non-payment by the termination for non-payment. Organisation. 11(a) Clause amended to require the Supplier, on This ensures that the Supplier has an appropriate level of insurance cover for any claims that may arise request by the Organisation, to maintain after the provision of the Services. insurance cover for a period of up to 7 years after the Services have been completed. 11(c) A new clause has been inserted requires This clause allows the Organisation to ensure that the Supplier is at all times covered by an appropriate that the Supplier, on request by the level of insurance cover. Many insurance policies contain a provision which states that the terms of the Organisation, provide evidence of policy may not be disclosed. replacement insurance prior to the expiry of the initial insurance. 12(b) The circumstances in the Organisation The Organisation may disclose information relating to the Supplier where required: may disclose information relating to the to comply with the Contracts Publishing System; Supplier have been updated. to other Victorian Public Entities or Ministers of the State of Victoria in connection with the use of the Services; to any public sector agency (of the State, any other state or territory of the Commonwealth) for the purposes of benchmarking provided that it will not identify the Supplier; by the office of the Auditor General or the Ombudsman;
breaches any provision of the Agreement that is not capable of remedy; or any of its Personnel involved in the provision of the Services is guilty of dishonesty or other serious misconduct; commits any act or does anything that may be prejudicial or otherwise detrimental to the reputation of the or suffers from an Insolvency Event. 10(b) and (c) New clauses have been included allowing the Organisation to terminate without cause (for convenience). The Organisation will pay the unavoidable and substantiated incurred by the Supplier as a direct result of the termination for convenience, including the cost of any Services provided up to the date of termination. This is to reduce the risk that the right to terminate for convenience is viewed as an unfair contract term under the Australian Consumer Law and Fair Trading Act 2012 (Vic). The Supplier must to everything possible to mitigate its losses arising from the termination. 10(e) The Supplier may only terminate the Agreement for non-payment by the Organisation. The Supplier must give at least 20 Business Days written notice to the Organisation to exercise its right of termination for non-payment. 11(a) Clause amended to require the Supplier, on request by the Organisation, to maintain insurance cover for a period of up to 7 years after the Services have been completed. This ensures that the Supplier has an appropriate level of insurance cover for any claims that may arise after the provision of the Services. 11(c) A new clause has been inserted requires that the Supplier, on request by the Organisation, provide evidence of replacement insurance prior to the expiry of the initial insurance. This clause allows the Organisation to ensure that the Supplier is at all times covered by an appropriate level of insurance cover. Many insurance policies contain a provision which states that the terms of the policy may not be disclosed. 12(b) The circumstances in the Organisation may disclose information relating to the Supplier have been updated. The Organisation may disclose information relating to the Supplier where required: to comply with the Contracts Publishing System; to other Victorian Public Entities or Ministers of the State of Victoria in connection with the use of the Services; to any public sector agency (of the State, any other state or territory of the Commonwealth) for the purposes of benchmarking provided that it will not identify the Supplier; by the office of the Auditor General or the Ombudsman;
VGPB-Contract-Refresh-Matrix-General-Conditions-Services.docx