Terms and conditions
Unless a Party obtains the other Party's prior written consent, a Party must not assign, novate or otherwise deal with any of its rights or obligations under the Agreement.
In this Agreement, unless the context otherwise requires:
Agreement means any agreement between the Applicant and DLGSC which is expressed to incorporate this Agreement.
Agreement Commencement Date means the date specified as such in the Agreement Details.
Auditor General means the Auditor General for the State.
Business Day means a day other than Saturday, Sunday or public holiday in
Confidential Information means information in respect of the Agreement that:
DLGSC means the Department of Local Government, Sport and Cultural Industries or such other body or instrumentality which is charged with the administration of the Agreement from time to time on behalf of the State.
Event of Default means the occurrence of any one of the following events:
Minister means the State's Minister for Sport and Recreation.
Party means a party to the Agreement Parties means both of them.
Records means records and information of any kind, including originals and copies of all accounts, financial statements, books, files, reports, records, correspondence, documents and other materials created for, or relating to, or used
in connection with, the application for and use of the Subsidy, whether or not containing Confidential Information, and however such records and information are held, stored or recorded.
Sport means a human activity capable of achieving a result requiring physical exertion and/or physical skill which, by its nature and organisation, is competitive and is generally accepted as being a sport
Subsidy means either of the Coach and Official Education Subsidy
State means the State of
State Sporting Association (SSA) means a not for profit organisation that has been an incorporated association or company limited by guarantee for a minimum of two years that it is the pre-eminent representative organisation taking responsibility
for the development of a recognised sport in Western Australia and is formally affiliated with the recognised National Sporting Organisation
National Sporting Organisation (NSO) means the body that is recognised by the Australian Sports Commission (ASC) as the pre-eminent organisation taking responsibility for the national development of that sport in Australia and has satisfied
the ASCs eligibility criteria for recognition.
Term means the period specified as such in the Agreement, commencing on the Agreement Commencement Date.
This Agreement commences on the Agreement Commencement Date and unless sooner terminated under clause 16, continues for the Term.
DLGSC, in its absolute discretion, agrees to pay the Subsidy to the Applicant on the terms and conditions of this Agreement.
During the Term the Applicant:
The Applicant acknowledges and warrants to DLGSC that:
The Applicant agrees to:
The Applicant acknowledges that the Freedom of Information Act 1992 (WA) applies to:
If a conflict of interest arises in respect of the Applicant, it must:
A Party that claims it is prevented from performing its, or receiving the benefit of the other Party's, obligations under this Agreement by a Force Majeure Event must, within 5 Business Days of the first occurrence of the Force Majeure Event, give to
the other party written notice containing full particulars of the Force Majeure Event, including:
If a Party’s obligations are suspended under clause 15.2, then during that period of suspension:
If a Party is prevented from performing its, or receiving the benefit of the other Party's, obligations under this Agreement in whole or part by a Force Majeure Event for a period in excess of 20 Business Days (or such other period specified in the Agreement
Details) then either Party may by notice in writing to the other Party terminate this Agreement.
Each notice or other communication given under the Agreement:
With respect to a notice sent by email, the Parties agree that the following applies:
The Agreement supersedes all prior negotiations, understandings and agreements (whether in writing or not) between the Applicant and DLGSC relating to the matters covered by the Agreement and constitute the full and complete agreement between the Applicant
and DLGSC relating to the matters covered by the Agreement.
Unless otherwise stated the rights, powers and remedies in the Agreement are in addition to, and not exclusive of, the rights, powers and remedies existing at law or in equity.
The Agreement is governed by the laws of the State of Western Australia. The Applicant and DLGSC irrevocably submit to the exclusive jurisdiction of the courts of Western Australia.
The Applicant and DLGSC must do everything reasonably necessary, at that Party's expense, including signing further documents, to give full effect to, perfect or complete, the Agreement.
Nothing in the Agreement may be construed to make a Party a partner, agent, employee or joint venturer of the other Party.
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