Terms and conditions of agreement to pay subsidy.
Unless the context otherwise requires, terms which have a defined
meaning in the Agreement have the same meaning when used in this
In this Agreement, unless the context otherwise requires:
but does not include:
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
In the event that the Supporting Community Sport Initiative is
cancelled, postponed or ceases to operate, any Applicants' entitlements
to receive any Subsidy will cease immediately, regardless of whether
any or part of a Subsidy has already been paid to an Applicant.
Each Party must undertake and comply with the reporting requirements specified in the Agreement.
The Parties agree that:
The Applicant agrees to:
The Applicant acknowledges that the Freedom of Information Act 1992 (WA) applies to:
The Applicant releases DLGSC from all liability
whatsoever for any loss, injury, damage, liability, costs or expense
resulting from the disclosure of information about the Applicant under
clauses 10.1 and 10.2 by DLGSC.
Except to the extent that a Party is required by law to retain any
Records, a Party must return all Records containing the other Party’s
Confidential Information immediately at the expiration or termination of
The obligations in this clause 10 are continuing obligations and survive expiration or termination of the Agreement.
The Applicant must keep accurate, complete and current written Records in respect of the Agreement.
If a conflict of interest arises in respect of the Applicant, it must:
If an Event of Default occurs in respect of one Party the other Party
may by notice in writing to the Party the subject of the Event of
Default terminate the Agreement.
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,
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:
and with respect to any notice sent by email under or in connection with the Agreement, each Party must ensure that:
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
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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