Funding Conditions. Parties. Agreed terms

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1 Funding Conditions Parties The Commonwealth of Australia as represented by the Department of the Environment ABN (Department) [Insert Recipient name and ABN] (Recipient) Agreed terms 1. Agreement Period This Agreement commences on the Commencement Date and ends when the Recipient has performed its obligations under this Agreement to the Department s satisfaction or this Agreement is otherwise terminated under clause Recipient warranties The Recipient warrants that: (a) it has the right to perform the Project; (b) it has, or is able to obtain, the written consent of any organisation that it will partner with or represent on the Project, including traditional owners (if relevant); (c) it has not received, or is not receiving, funding through other Australian Government initiatives or programmes for the installation of any one of the Eligible Systems; (d) it has no overdue reports or acquittals, under any contractual or statutory arrangement for funding with the Department or any other Australian Government agency; and (e) it has full power and authority to enter into, perform and observe its obligations under this Agreement. 3. Conduct of the Project In consideration of the provision of the Funds, the Recipient must perform the Project: (a) within the Project Period; (b) in accordance with all applicable laws including, as relevant, environmental, heritage and planning laws; (c) so as to deliver the Project and meet all reporting requirements; and (d) otherwise in accordance with this Agreement. 4. Approved System The Recipient must: (a) arrange for the Approved System to be installed at the building specified in Item A(3) within 12 months from the Commencement Date; (b) provide a copy of the final invoice for the installation of the Approved System to the Department within 20 business days of installation; and (c) provide a copy of the final independent inspector s report within five business days from receipt of the inspector s report. 5. Independent inspection (a) The Recipient must allow the independent inspector, appointed in accordance with Item A(4), access to the premises to inspect the Approved System. (b) The Recipient acknowledges that: it must liaise with the independent inspector to organise a suitable time for the inspection to be undertaken; (ii) the Department is not responsible for arranging the independent inspection; and (iii) subject to Item A(4), the cost of the independent inspection will be met by the Department. (c) Within five business days of the receipt of the independent inspector s report, the Recipient must provide a copy of the report to the Department which includes: the outcomes of the inspection; (ii) any faults with the Approved System identified by the independent inspector; and (iii) any actions which the Recipient must arrange for Nominated Installer to undertake to remedy the faults. (d) For the avoidance of doubt, the Department is not liable for any costs associated with work to remedy the faults indentified by the independent inspector. (e) The Recipient is responsible for notifying the Department, in writing, within five business days of any remedial works being completed. 6. Subcontracting and personnel (a) The Recipient must subcontract the Nominated Installer to install the Approved System. (b) The Recipient must take all reasonable steps to ensure the Nominated Installer is: Mini Funding Agreement in relation to the Solar Towns Programme 1

2 where the Approved System is solar photovoltaic panels, accredited by the Clean Energy Council to design and install the Approved System; (ii) accredited as required by the jurisdiction in which the Project is located to perform the installation of the Approved System; and (iii) licensed and / or registered to perform the relevant electrical and / or plumbing work to install Approved System, at the time of the installation of the Approved System. (c) In respect of the subcontract entered into with the Nominated Installer, the Recipient must take all reasonable steps to ensure that the Nominated Installer: has the necessary relevant expertise to install the Approved System; (ii) holds public liability insurance to the value of $5 million; (iii) where the Approved System is solar photovoltaic panels, will comply with the Clean Energy Council Code of Conduct for installations at: installers/compliance-andstandards/accreditationguidelines/accreditation-code-ofconduct.html. (d) Subject to clause 6(f), the Recipient must not use another subcontractor to install the Approved System. (e) If the Recipient is unable to utilise the Nominated Installer to install the Approved System, the Recipient must immediately notify the Department and provide details as to why the Nominated Installer is no longer able to be used. (f) If the Recipient proposes to use another installer (New Installer) to install the Approved System, the Recipient must: take all reasonable steps to ensure the New Installer meets the requirements in clause 6(b); (ii) obtain the Department s prior written approval to subcontract the New Installer, which may be given or withheld in the absolute discretion of the Department; and (iii) if approval given in accordance with 6(f)(ii), take all reasonable steps to ensure the subcontract meets requirements of 6(c). (g) If the Department approves the use of a New Installer, this Agreement is deemed to have been varied to remove the previous Nominated Installer and the New Installer is considered to be the Nominated Installer. (h) For the avoidance of doubt, the Department accepts no liability if the Nominated Installer or New Installer does not meet the requirements of clauses 6(b) and (c). The Recipient must ensure that the personnel of the Recipient and its subcontractors (if any) will perform work in relation to the Project in accordance with this Agreement. 7. Funds 7.1 Payment of the Funds Subject to Parliamentary appropriation and to the provisions of this Agreement, the Department agrees to pay to the Recipient the Funds at the times and in the manner specified in Item B(2) of the Schedule. 7.2 Use of the Funds Funds provided under this Agreement: (a) must only be used for the purposes of carrying out the Project and performing this Agreement; (b) must not be used to cover the cost of any activities completed, or commenced but not yet completed, prior to the execution of this Agreement; and (c) are not to be applied towards administrative and other general costs of the Recipient. 7.3 Amount of Funds capped The amount of Funds to be contributed by the Department in relation to the Project will not exceed the maximum amount of Funds specified in Item B(1) of the Schedule. 7.4 No liability for Department (a) The Department accepts no liability for any debts incurred by the Recipient, any monies owing by the Recipient to its personnel, any cost overruns or there being insufficient monies to complete the Project. (b) Without limiting clause 7.4(a), the Department is not liable for any increase in the cost of performing the Project, including the cost of installing the Approved System, that increase after the application for funding under the Programme was submitted. 7.5 Management of the Funds The Recipient must: (a) ensure that the Funds are held in an account in the Recipient s name and which the Recipient solely controls, with a deposit-taking institution authorised under the Banking Act 1959 (Cth) to carry on banking business in Australia; and (b) identify the receipt and expenditure of the Funds separately within the Recipient s accounts and records so that the Funds are identifiable at all times. Mini Funding Agreement in relation to the Solar Towns Programme 2

3 7.6 Repayment of Funds If, on expiry or on any earlier termination of this Agreement, the Department forms the reasonable opinion that any Funds have been used, spent or committed by the Recipient other than in accordance with this Agreement, the Department may by written notice to the Recipient require the Recipient to repay that part of the Funds, and the Recipient must repay to the Department the amount set out in the notice, within 20 business days of receipt of the notice. 7.7 Failure to repay Funds At the Department s absolute discretion, and without prejudice to any other rights available to the Department under this Agreement or at Law or in equity, if the Recipient fails to repay the Funds in accordance with a notice issued under clause 7.6: (a) the Department may require the Recipient to pay the Department Interest on the amount set out in the notice from the date it was due, for the period it remains unpaid; and (b) the amount set out in the notice, and Interest owed under clause 7.6, will then be recoverable by the Department as a debt due from the Recipient. 8. Taxes, duties and government charges In this clause 8, a word or expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act) has the meaning given to it in the GST Act. 8.1 Taxes Subject to this clause 8, the Recipient must pay all taxes, duties, licensing fees or government charges imposed or levied in Australia or overseas in connection with this Agreement. 8.2 GST (a) If a party (supplier) makes a supply under or in connection with this Agreement in respect of which GST is payable, the recipient of the supply must pay to the supplier an additional amount equal to the GST payable on the supply. (b) If specified in Item C of the Schedule, and on the basis that the Funding paid under this Agreement is: of a non-commercial, funding nature; (ii) paid to a government related entity for GST Act purposes; and (iii) sourced from an appropriation, the parties rely on section 9-17(3) of the GST Act in determining that the payment of Funding is not consideration and that no GST is payable in respect of payment of Funding under this Agreement. 8.3 ABN (a) Subject to clause 8.2, the Recipient warrants that it has an ABN, which it has correctly quoted to the Department. The Recipient must immediately notify the Department of any changes to the Recipient's GST status or ABN and supply proof of its GST status, as and when requested by the Department. (b) If the Recipient does not have an ABN the Recipient may lodge with the Department a completed Statement by a Supplier form claiming an exemption for lodging an ABN. (c) If the Recipient does not provide either an ABN or a completed Statement by a Supplier form, then the Department will withhold from the payment an amount as determined by the Australian Taxation Office from time to time. 8.4 Recipient created tax invoice (a) This clause 8.4 applies where the Recipient is registered for GST. (b) The Recipient and the Department acknowledge that they are registered for GST and that they will notify each other if they cease to be registered for GST. (c) The Department will issue recipient created tax invoices and any adjustment notes for taxable supplies by the Recipient to the Department under this Agreement within 20 business days of determining the value of the taxable supplies in question. (d) The Recipient must not issue tax invoices or adjustment notes for taxable supplies by the Recipient to the Department under this Agreement. 9. Assets (a) The Recipient must not use the Funds towards the purchase of Assets, except the Approved System specified at Item A(3) in the Schedule. (b) The Recipient owns and bears all risks, rights, obligations and responsibilities in relation to the Assets purchased and installed for this Project, and for their ongoing maintenance. 10. Records and acquittals 10.1 Records and accounts The Recipient must: (a) keep comprehensive and accurate accounts and records of its use of the Funds, that can be separately identified from other accounts and records of the Recipient; and (b) retain the accounts and records referred to in this clause 10 for the Agreement Period and a further period of seven years from the expiry or termination of this Agreement or such longer period as may be required by law. Mini Funding Agreement in relation to the Solar Towns Programme 3

4 10.2 Recipient must keep records The Recipient must keep comprehensive written records of the conduct of the Project Provision of records to the Department The Recipient must: (a) deliver information and other Material produced under or in connection with this Agreement and otherwise as reasonably required by the Department; and (b) provide all information and other Material to the Department in accordance with the timeframes specified in this Agreement and otherwise promptly upon demand Financial records The Recipient must keep financial records relating to the Project so as to enable all revenue and expenditure related to the Project to be identified in the Recipient s accounts Acquittal The Project will be acquitted once: (a) the final invoice from the Nominated Installer is provided by the Recipient in accordance with clause 4(b); and (b) the Department accepts the independent inspector s report provided by the Recipient in accordance with clause Participation in evaluations and analysis of the Project (a) The Recipient must participate, at its own cost and as reasonably required by the Department, in studies, evaluations, surveys, meetings and other activities intended to analyse the success of the Project or Programme. (b) The Recipient agrees to make case studies, records and other information available to third parties for the purposes of evaluation and analysis. 11. Audit and access (a) The Department or a representative may conduct audits relevant to the performance of the Recipient s obligations under this Agreement. (b) The Recipient acknowledges and agrees that the Department and any persons nominated by the Department may, at reasonable times and on giving reasonable notice to the Recipient: access and inspect the Recipient s premises and any Assets, wherever they may be located, to the extent relevant to the performance of this Agreement; and (ii) require the Recipient (including its personnel) to provide records, documents and information relevant to the performance of this Agreement in a data format and storage medium accessible by the Department. 12. Work, health and safety 12.1 Definitions In this clause 12: (a) corresponding WHS law has the meaning given in section 4 of the WHS Act; (b) Regulator means an authority referred to in a WHS Law as the relevant authority for occupational health and safety complaints, queries or investigations; (c) WHS Act means the Work Health and Safety Act 2011 (Cth); (d) WHS entry permit holder has the meaning given in the WHS Act; (e) WHS Law means the WHS Act, WHS Regulations and any corresponding WHS law; and (f) WHS Regulations means the regulations made under the WHS Act Compliance with laws and policies (a) The Recipient must in carrying out its obligations under this Agreement, comply, and use reasonable endeavours to ensure that its subcontractors comply, with the provisions of all relevant statutes, regulations, by-laws and requirements of any Commonwealth, State, Territory or local authority including those arising under a WHS Law in respect of work health and safety. (b) The Recipient must, in carrying out its obligations under this Agreement, comply, and use reasonable endeavours to ensure that its subcontractors comply, with any of the Commonwealth s policies as notified, referred to, or made available, by the Commonwealth to the Recipient in writing Notifiable incidents and contraventions (a) If: the Recipient is required by a WHS Law to report to a Regulator an incident; or (ii) becomes aware that the Nominated Installer has reported to the Regulator an incident, arising out of the Project, subject to privacy obligations in clause 16, the Recipient must notify the Department of such an incident as soon as possible in the circumstances. (b) The Recipient must inform the Department of the full details of: any suspected contravention of a WHS Law relating to the Project, within 24 hours of becoming aware of any such suspected contravention; (ii) any cessation or direction to cease work relating to the Project, due to unsafe work, immediately upon the Mini Funding Agreement in relation to the Solar Towns Programme 4

5 Recipient being informed of any such cessation or direction; (iii) any workplace entry by a WHS entry permit holder, or an inspector, to any place where the Project is being performed or undertaken, within 24 hours of becoming aware of any such workplace entry; and (iv) any proceedings against the Recipient or its officers, or any decision or request by a Regulator given to the Recipient or its personnel, under the WHS Laws, within 24 hours of becoming aware of any such proceedings, decision or request Department s premises The Recipient must, when using the Department s premises or facilities, comply with all reasonable directions and procedures relating to occupational health, safety and security in effect at those premises or in regard to those facilities, as notified by the Department or as might reasonably be inferred from the use to which the premises or facilities are being put. 13. Provision of third party Material and Intellectual Property Rights 13.1 Provision of third party Material (a) The Recipient must provide third party Material necessary or appropriate to perform its obligations under this Agreement. (b) This Agreement does not affect the ownership of the Intellectual Property Rights in any third party material Licensing of third party Material (a) The Recipient must procure for the Department a perpetual, irrevocable, royalty-free, worldwide, non-exclusive licence (including a right of sublicense) to use, reproduce, modify, adapt, communicate, publish, broadcast and exploit the third party Material for any non-commercial purpose. (b) If the Recipient cannot obtain the licences as described in clause 13.2(a) for any third party Material, the Recipient must notify the Department of the best alternative licence terms for that third party Material Intellectual Property Rights warranties (a) The Recipient warrants that anything done by the Recipient in the course of the Project, including in provision of any third party material, will not infringe the Intellectual Property Rights of any person. (b) The Recipient further warrants that the Department or its sublicensees will not, at any time, be infringing the Intellectual Property Rights of any person when undertaking an activity allowed for under this Agreement or using third party Material in a manner consistent with the licences granted, or to be granted, to the Department under this clause Acknowledgement and Project events (a) The Recipient must acknowledge, in the required form as set out in Item E of the Schedule, the support it has received from the Department in all publications, promotional and advertising Materials, signs or plaques displayed at the location where the Project is undertaken, at any project event and otherwise at the times and in the manner as the Department directs from time to time. (b) The Recipient must include an appropriate Australian Government logo on all publications, promotional and advertising Materials and signs related to the Project. (c) The Australian Government logo(s) required by clause 14(b), and the guidelines for their use, will be provided to the Recipient by the Department upon written request. 15. Confidential Information (a) Subject to clause (b), a party must not, without the prior written consent of the other party, disclose any Confidential Information of the other party to a third party. (b) The obligations on the parties under this clause 15 will not be taken to have been breached to the extent that Confidential Information is: Mini Funding Agreement in relation to the Solar Towns Programme 5 disclosed by a party to its advisers, employees or internal management solely in order to comply with obligations, or to exercise rights, under this Agreement or to enable effective management or auditing of Agreement related activities; (ii) disclosed by the Department to the responsible Minister or in response to a request by a House or a Committee of the Parliament of the Commonwealth; (iii) shared by the Department within the Department's organisation, or with another Australian Government agency, where this serves the Australian Government's legitimate interests; (iv) authorised or required by law, including under this Agreement, under a licence or otherwise, to be disclosed; or (v) in the public domain otherwise than due to a breach of this clause 15.

6 16. Protection of personal information The Recipient must: (a) use or disclose personal information obtained in relation to this Agreement only for the purposes of this Agreement; (b) not do any act or engage in any practice that would breach an Australian Privacy Principle under the Privacy Act 1988 (Cth); and (c) immediately notify the Department if the Recipient becomes aware of a breach or possible breach of any of its obligations under this clause Indemnity and release (a) The Recipient indemnifies the Department and its personnel against all losses reasonably sustained or incurred by the Department arising out of or in connection with: any negligent, unlawful or wilfully wrong act or omission of the Recipient or its subcontractors or personnel; or (ii) any breach of this Agreement. (b) The Recipient releases the Department and its subcontractors and personnel from: all claims, actions, demands and proceedings which it may have, or claim to have, or but for this release might have had, against the Department arising out of this Agreement or in any way connected with the performance of this Agreement; and (ii) all liability of the Department arising out of this Agreement. 18. Insurance (a) The Recipient must have and maintain the insurances as described in Item D of the Schedule and if requested, provide to the Department, current relevant confirmation of insurance documentation from its insurers. (b) The Recipient must take all reasonable steps to ensure that the Nominated Installer holds public liability insurance to the value of $5 million. 19. Conflict of interest In the event of a conflict of interest, the Recipient must notify the Department immediately in writing and fully disclose all relevant information relating to the conflict and take such steps as may be required by the Department to resolve or otherwise deal with the conflict. 20. Dispute resolution The parties must endeavour to resolve any dispute under this Agreement by mediation or other dispute resolution method before they commence legal proceedings (except proceedings for urgent interlocutory relief). 21. Termination 21.1 Termination and reduction for convenience The Department may, by written notice, terminate this Agreement at any time Termination by the Department for default (a) The Department may terminate this Agreement effective immediately by giving notice to the Recipient if: the Recipient breaches any provision of this Agreement where that breach is not capable of remedy or where the Recipient fails to remedy the breach within 14 days after receiving notice; (ii) the Nominated Installer is unable, or unwilling, to install the Approved System; (iii) the Recipient fails to comply with all applicable laws including, as relevant, environmental, heritage and planning laws; or (iv) an event specified in clause 21.2(b) happens to the Recipient. (b) The Recipient must notify the Department immediately if the Recipient ceases to be able to pay its debts as they become due and payable, enters into liquidation, has a controller or managing controller or liquidator or administrator appointed, or is declared bankrupt or assigns his or her estate for the benefit of creditors or any analogous event occurs. 22. Notices 22.1 Service of notices A party giving notice or notifying under this Agreement must do so in English and in writing or by Electronic Communication: (a) directed to the other party s contact person at the other party s address (as set out in Item F of the Schedule and as varied by any notice); and (b) hand delivered or sent by prepaid post or Electronic Communication to that address Effective on receipt A notice given in accordance with clause 22.1 takes effect when it is taken to be received (or at a later time specified in it), and is taken to be received: (a) if hand delivered, on delivery; (b) if sent by prepaid post, on the second business day after the date of posting (or on the seventh business day after the date of posting if posted to or from a place outside Australia); or Mini Funding Agreement in relation to the Solar Towns Programme 6

7 (c) if sent by Electronic Communication, at the time that would be the time of receipt under the Electronic Transactions Act 1999 (Cth), but if the delivery, receipt or transmission is not on a business day or is after 5.00pm on a business day, the notice is taken to be received at 9.00am on the next business day. 23. Survival Clauses 7 (Funds), 10 (Records and acquittals), 11 (Audit and access), 15 (Confidential Information), 16 (Protection of personal information), 17 (Indemnity and release), 18 (Insurance), 24.1 (Relationship) and 25 (Definitions and interpretation) survive the expiry or termination of this Agreement. 24. Miscellaneous 24.1 Relationship The parties must not represent themselves, and must ensure that their officers, employees and agents do not represent themselves, as being an officer, employee, partner or agent of the other party, or as otherwise able to bind or represent the other party Governing law and jurisdiction This Agreement is governed by the law of the Australian Capital Territory and each party submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory Counterparts This Agreement may be executed in counterparts. All executed counterparts constitute one document Entire agreement This Agreement constitutes the entire agreement between the parties in connection with its subject matter Variation No variation of this Agreement is legally binding upon either party unless in writing and signed by both parties Disclosure of information Notwithstanding any other provision of this Agreement, the Department may disclose information about this Agreement, including personal information, required to be reported or published by the Department Trustees If the Recipient is a trustee, the Recipient enters into this Agreement personally and in its capacity as a trustee and: (a) any warranties given under this Agreement are given in both capacities; and (b) warrants that it has the power to perform its obligations under this Agreement. 25. Definitions and interpretation 25.1 Definitions In this Agreement: Agreement means this agreement between the Department and the Recipient, as amended from time to time, and includes its Schedule. Agreement Period means the period specified in clause 1. Approved System means the system or systems specified in Item A(3), which must be an Eligible System. Asset means any item of tangible property purchased or leased either wholly or in part with the use of the Funds with a value at the time of acquisition of $1,000 or more, excluding GST. Commencement Date the date on which this Agreement is executed by the last party to do so. Conditions mean these Funding Conditions. Confidential Information means information that is by its nature confidential and (a) is designated by a party as confidential; or (b) a party knows or ought to know is confidential, but does not include information which is or becomes public knowledge other than by breach of this Agreement or any other confidentiality obligation. Department Material means any Material provided to the Recipient by the Department. Electronic Communication has the same meaning as in the Electronic Transactions Act 1999 (Cth). Eligible System means one of the following systems: (a) solar photovoltaic panels; or (b) solar hot water system; which must meet current Australian Standards and, in relation to the system specified in paragraph (b) above, must: (c) be accredited with AS/NZS 2712; and (d) listed on the Register of solar water heaters at: -Water-Systems/eligible-swhs. Funds means the amount specified in Item B(1) that is payable by the Department to the Recipient under this Agreement. Intellectual Property Rights means all intellectual property rights including copyright and Moral Rights. Item means an item in the Schedule to this Agreement. Interest means interest calculated at the 90 day bank-accepted bill rate (available from the Reserve Bank of Australia) plus 20 basis points. Material means any software, firmware, documented methodology or process, documentation or other material in whatever form, including without limitation any reports, Mini Funding Agreement in relation to the Solar Towns Programme 7

8 specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions, and the subject matter of any category of Intellectual Property Rights. Moral Rights means the right of integrity of authorship (that is, not to have a work subjected to derogatory treatment), the right of attribution of authorship of a work, and the right not to have authorship of a work falsely attributed, as defined in the Copyright Act 1968 (Cth). Nominated Installer means the subcontractor nominated in the application for funding and specified in Item A(3). Programme means the Solar Towns Programme. Project means the Project described in the Schedule. Project Period means the period specified in Item A(2) of the Schedule. Schedule means the schedule to this Agreement Interpretation If there is inconsistency between any of the documents forming part of this Agreement, those documents will be interpreted in the following order of priority to the extent of any inconsistency: (a) these Conditions; (b) the Schedule; and (c) documents incorporated by reference in this Agreement. Mini Funding Agreement in relation to the Solar Towns Programme 8

9 The Schedule Project title: [Insert Project title] Project ID: [Insert Project ID] Recipient: [Insert name and ABN of Recipient] A. Project (clauses 1, 4, 6 and 25) (1) Project description [Insert a comprehensive description of the Project.] (2) Project Period The Project Period commences on the Commencement date and ends 12 months from the Commencement Date or the earlier completion of the Project. (3) Project details Item No. Description Details 1. Building [Insert address details of the property at which the Approved System will be installed.] 2. Approved System [Insert details of the Approved System.] 3. Community Organisation 4. Nominated Installer [Insert community organisation name.] Name: [insert name of Nominated Installer] ABN: [insert ABN of Nominated Installer] Business Name: [insert Business Name of Nominated Installer] [Insert details of any relevant licence, registration or CEC accreditation number of Nominated Installer] (4) Independent inspection The Clean Energy Regulator (CER) will arrange for an independent inspector to conduct an inspection of the Approved System. The Recipient does not need to contact the CER to arrange this inspection. Mini Funding Agreement in relation to the Solar Towns Programme 9

10 B. Milestones and Funds (clauses 1 and 7) (1) Maximum amount of Funds The maximum amount of Funds payable by the Department under this Agreement will be $[insert total Funds sought (ex GST)] (exclusive of GST) or the lesser amount required to complete the Project. (2) Payment The Funds will be paid in accordance with the following table: No. Milestone description Milestone date Amount (excluding GST) 1 Signing of Agreement by the Department 2 Delivery of final invoice to the Department 3 Delivery of independent inspector s report to the Department 4 Acceptance by Department of independent inspector s report. Commencement Date Within 20 business days of receipt of the final invoice. Within five business days after the final independent report and invoice is received by the Recipient. Not applicable. $[Insert amount] Not applicable Not applicable Not applicable C. GST (clause 8.2) [Option 1] Clause 8.2(b) applies. [Option 2] Clause 8.2(b) does not apply. D. Insurance (clause 18) The Recipient must have and maintain the following insurances as at the Commencement Date: (1) workers' compensation insurance as required by law; (2) insurance against loss or damage to Assets, including the Approved System; and (3) public liability insurance to the value of $5 million. E. Acknowledgement (clause 14) The Recipient must acknowledge the provision of the Funds by the Department: (1) at a minimum, in the following way: Mini Funding Agreement in relation to the Solar Towns Programme 10

11 The [insert Project title] is supported through funding from the Australian Government s Solar Towns Programme ; or (2) in any other form required by the Department. F. Contact details (clause 22) Department representative Department address for notices Official Contact representative Authorised Contact representative Position: Director, Small Grants Section Phone: Position: Director, Small Grants Section Department of the Environment Postal address: GPO Box 787, CANBERRA, ACT, 2601 Physical address: John Gorton Building, King Edward Terrace, PARKES, ACT, Name: [insert name] Position: [insert position] Phone: [insert phone number ] [insert ] Name: [insert name] Position: [insert position] Postal address: [insert postal address] Physical address: [insert physical address] [insert ] Mini Funding Agreement in relation to the Solar Towns Programme 11

12 Execution page EXECUTED as an agreement SIGNED for and on behalf of the Commonwealth of Australia as represented by the Department of the Environment ABN by a duly authorised representative Name of authorised representative (print) Name of witness (print) Signature of authorised representative Signature of witness Date Date SIGNED by [insert name of company and ABN (i.e. Smith Plantings Pty Ltd ABN )] in accordance with section 127 of the Corporations Act 2001 (Cth) by Name of Director (print) Name of Director / Company Secretary (print) Signature of Director Signature of Director / Company Secretary Date Date Mini Funding Agreement in relation to the Solar Towns Programme 12

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