7.1The Participant agrees that:
- it will not subcontract the performance of any part of the Project without the prior approval in writing of the Commonwealth and
- the subcontractors, if any, specified in Item A will perform work in relation to the Project in accordance with this Agreement and are approved by the Commonwealth to do so.
7.2The Commonwealth may impose any terms and conditions it considers appropriate when giving its approval under clause 7.1(a).
7.3Where a subcontractor specified in Item A or approved by the Commonwealth under clause 7.1(a) is unable to perform the work, the Participant agrees to notify the Commonwealth immediately.
7.4Where clause 7.3 applies, the Commonwealth may request the Participant to secure a replacement subcontractor acceptable to the Commonwealth at no additional cost and at the earliest opportunity.
7.5If the Participant does not comply with any request made under clause 7.4 the Commonwealth may terminate this Agreement in accordance with clause 18.1(a).
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7.6In respect of subcontractors listed in Item A or approved by the Commonwealth under this clause, the Participant must ensure that:
- the subcontract facilitates compliance by the Participant with its obligations under this Agreement
- the subcontract will not conflict with or detract from the rights and entitlements of the Commonwealth under this Agreement
- the other party to the subcontract has the necessary relevant expertise and the appropriate types and amounts of insurance to perform work in relation to the Project
- the subcontract contains all the relevant terms of this Agreement including those relating to subcontracting, intellectual property, audit and access, privacy, confidentiality, warranties and indemnities, disclosure and termination and in particular that the Participant has a right to terminate the subcontract on terms no less favourable than those accorded the Commonwealth by clause 18, in the event of this Agreement being terminated
- the other party to the subcontract acknowledges that it may be considered a ‘Commonwealth service provider’ for the purposes of the Ombudsman Act 1976 and subject to investigation by the Ombudsman under that Act and that the Commonwealth will not be liable for the cost of any such investigation by the Ombudsman in connection with the subject matter of the subcontract or the subject matter of this Agreement
- the other party to the subcontract is prohibited from further subcontracting the Project without the prior written approval of the Commonwealth and
- if requested, the Participant will promptly provide a copy of the relevant subcontract to the Commonwealth.