Data All Data hereby vests in the Principal, and the Principal grants to the Consultant an irrevocable licence with the right to sub-licence to its contractors the right to use Data solely for the purpose of carrying out the Services. The Consultant must do everything possible to perfect such vesting including: assign to the Principal from the date of creation all Intellectual Property Rights in Data created or obtained by or on behalf of the Principal for the purpose of the Agreement; and upon completion of the Services, give the Principal possession of all Data in such form and by such means as the Principal reasonably requires. The Consultant must only use, copy or supply Data to the extent necessary to perform its obligations under the Agreement. Intellectual Property Right warranty The Consultant represents and warrants that: the Consultant owns all Intellectual Property Rights in the Deliverables or, to the extent that it does not, is entitled to the assignments and licences required by this Agreement; the use by the Principal or any sub-licensee or sub-sub-licensee of the Deliverables in accordance with this Agreement will not infringe the rights (including Intellectual Property Rights and Rights) of any third party; neither the Principal nor any sub-licensee or sub-sub-licensee is liable to pay any party any licence or other fee in respect of the use of the Deliverables, whether by reason of Intellectual Property Rights or Moral Rights of that third party or otherwise; and the use by the Principal or by any sub-licensee or sub-sub-licensee of the Deliverables in accordance with this Agreement will not breach any laws. Moral Rights The Consultant must: not infringe any Right of any author of any work in performing the Services; to the extent permitted by law and on reasonably required by the Principal, obtain an irrevocable and unconditional: written consent (which is valid and effective under the Copyright Act): for the benefit of the Principal and any person nominated or authorised by the Principal and the Consultant; signed by the author of any work to be incorporated into the Deliverables, or used during, or as part of the Services; and including any necessary consents from its employees, subconsultants, and any employees of its subconsultants,
Agreement Documents, so as to reflect the order of priority of the technical requirements/disciplines]] Principal's Material to be provided and number of copies of Principal's Material (clause 7.2(a)) Relevant time for Discrepancies (clause 7.5) OPTIONAL DRAFTING, choose either: Any time OR Any time (including during the construction of the Works) Number of copies of the Deliverables: (clause 7.9) [Insert number of copies of the Deliverables to be provided by Consultant in, for example, hard or soft copy] Intellectual Property Rights: (clause 7.1) Alternative 1: Licence Alternative 2: Ownership Tick the alternative 1 for Licence and 2 for Ownership - If no alternative is ticked the alternative is ‘2’. Quality assurance system: (clause 10.1(a)) ..……………………………... (If nothing stated, ISO 9001) Program requirements applicable - Does clause 11.2 apply? (clause 11.2) Yes No (If nothing stated, No) Maximum intervals between program updates by Consultant: (clause 11.2) ..……………………………... (If nothing stated, monthly) Hourly or other rates and prices for pricing Variations: (clause 12.3(b)) [Insert any rates or prices for pricing Variations or refer to the Fee Schedule if necessary] Time for Payment Claims: (clause 13.2(a)) [Insert time for Consultant's payment claims, for example "25th day of every month"] Time after receipt of a Payment Claim for payment of Payment Statements: (clause 13.6) …………….………… Business Days (If nothing is stated, 44 days) Interest rate: (clause 13.9) …………….……………………………….. (If nothing stated, the 90 day bank bill rate) Authorised nominating authority: (clause 13.12(b)) …………….……………………………….. (If nothing stated, the Resolution Institute)
Person responsible for nominating mediator: (clause 17.4(c)(ii)) (If nothing stated, by the Resolution Institute) for mediation: (clause 17.4(e)) (If nothing stated, the Resolution Institute Mediation Expert Determination - Does clause 17.5 apply? Yes No (if nothing stated, Yes) Person to nominate independent industry expert: (clause 17.5(c)(ii)) [Insert] (If nothing stated the current Chairman of the Resolution Institute, Victorian Chapter or the Chairman’s nominee) Rules for expert determination: (clause 17.5(d)) [Insert] (If nothing stated the ADC Guidelines for Expert Determination of the Australian Disputes Centre) Rules for arbitration: (clause 17.6) [Insert] (If nothing stated: The ACICA Arbitration Rules 2016 except in lieu of Article 11.2 of the ACICA Arbitration Rules 2016, the sole arbitrator will be appointed by ACICA if the parties: (a) have not agreed on the choice of sole arbitrator; and (b) have not provided written evidence of agreement to ACICA within 14 days of the referral of the Dispute to arbitration or an extended period that the parties may agree upon.) Arbitration and binding: (clauses 17.6(e) and 17.6(f)) Alternative 1: Final and Binding (Clause 17.6(e) applies) Alternative 2: Appeal from Arbitration (Clause 17.6(f) applies) Tick the Alternative 1 for Final and Binding and 2 for Appeal from Arbitration - If no alternative is ticked the alternative is ‘Alternative 1’. Not used Not used Not used Not used Additional information to be included in Regular Performance Reports: (clause 19.2(b)) Threshold for Shared Performance Reporting: (clause 19.3(a)) $200,000 Does VIPP apply to this Agreement? (clause 20.1) Yes No (If nothing stated, No)
- VIPP Monitoring Monitoring Table ANZ value-added activity VIPP Commitments Progress Secured VIPP Outcomes Item Description Brand /manufacturer Supplier % of Local Content % of Total Local Content % of Local Content % of Local Content (A) % of Contact Content (B) % of Total Local Content (C) = (A x B) ICN Assistance (Y/N) Comments E.g. Item 1 TOTAL ANZ value-added activity Total Committed: Total Secured: 100 % Employment New Jobs Existing Jobs Total Jobs Committed Total Jobs Secured Difference / Comments Committed Secured Committed Secured Apprentices/ trainees New Apprentices/ trainees Existing Apprentices/ trainees Total Apprentices/ trainees Committed Total Apprentices/ trainees Secured Difference Committed Secured Committed Secured