DATED
20__
Director-General of Transport NSW
and
[Insert name of Operator]
DEED OF VARIATION AND TERMINATION
RURAL AND REGIONAL BUS SERVICE CONTRACT
1
This DEED is made on ………..……………………20...
Between:
Director-General of Transport NSW under the Passenger Transport Act 1990
(NSW) on behalf of the Crown in the right of the State of New South Wales
(Director-General) and
The Operator identified in Schedule 1 (Operator).
1.
Background
A
The Operator and the Director-General are parties to the Rural & Regional Bus
Service Contract ‘A’ described in Item 2 of the Schedule (“Contract ”).
B.
The Operator has been assigned the Contract and/or Services described in Item
3 of the Schedule.
C.
The Operator and the Director-General now wish to vary the Contract to
incorporate the assigned bus services into the Contract and, where appropriate,
terminate the assigned contract.
Operative Provisions
2.
Definitions and Interpretation
2.1
In this Deed, unless the contrary intention appears:
“Commencement Date” means the date set out in Item 4 of the Schedule.
“Deed” means this deed which includes the Schedule which is incorporated
into this Deed.
“Neighbouring Services” has the same meaning given in the Rural and
Regional Bus System Contract Standard Terms and Conditions.
“Services“ means the bus services assigned to the Operator and set out in
Item 3 of the Schedule and includes bus services assigned due to a part
assignment under cl 10.1 of the Contract and assigned Neighbouring
Services.
“Terminated Contract” means the contract assigned to the Operator which
encompass all or part of the Services and which is terminated by cl 4 of the
Deed.
2.2
In this Deed, ‘assigned’ and ‘assignment’ includes ‘novated’ and ‘novation’
as the context requires.
TPT171.00247 D2004/037232
2
2.3
Any word or phrase used in this Deed which is defined in the Contract shall,
unless otherwise specified in this Deed, be given the meaning as defined in
the Contract.
3.
Variation
3.1
The Operator and the Director-General agree to vary the Contract by
inserting into Schedule 5 of the Contract the Services assigned to the
Operator as set out in Item 3 of the Schedule.
3.2
This variation will be effective from the Commencement Date.
4.
Termination
4.1
Where the Operator has been assigned all rights and obligations under a
contract and this contract provides for, in full or in part, the Services set out
in Item 3 of the Schedule, the Operator and the Director-General agree that
the contract is to be terminated.
4.2
This termination will be effective from the Commencement Date.
4.3
No compensation or any other claim may arise from termination of the
Terminated Contract effected by this clause.
5.
Miscellaneous
Governing Law and Jurisdiction
5.1
This Deed is governed by the law in force in New South Wales and the
courts of New South Wales shall have non-exclusive jurisdiction to decide
matters arising between the parties in connection with the Deed.
Counterparts
5.2
This Deed may be executed by counterparts by the respective parties, which
together will constitute one Deed.
Legal Advice and Costs
5.3
Each party will bear its own costs incurred in relation to this Deed.
Replacement of Schedule 5
5.4
For ease of reference, the Director-General will provide to the Operator a
new version of Schedule 5 of the Contract which incorporates the Services
into the existing bus services specified in that schedule.
3
EXECUTED AS A DEED
By the delegate of the Director-General of
Transport NSW for and on behalf of the Crown
for and on behalf of the Crown in the right of
New South Wales but not so as to incur any
personal liability in the presence of
)
)
)
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.……………………………………
.…………………………………………….……
(Signature of delegate)
(Signature of Witness)
.....................................................................................
(insert name of delegate in block letters)
…………………………………………………..
(insert name of witness in block letters)
EXECUTED AS A DEED
By [insert name of Corporation]
pursuant to section 127 of the Corporations Act )
2001 (Cth) by:
)
)
)
.…………………………………………….……
(Signature of Director)
.……………………………………
(Signature of company secretary)
…………………………………………………..
(insert name of Director in block letters)
.....................................................................................
(insert name of Company Secretary in block letters)
[ALTERNATE – Where Assignee and/or Assignor is a
natural person:]
Signed Sealed and Delivered by
..……………………………….……
(insert name of Assignee as per Agreement Details)
at ……..…………………………..…………….
(insert name of City/ Town)
in the State of …………………………………..
(insert name of State / Territory)
in the presence of……………………………….
(insert name of witness not a party to this Agreement)
)
)
)
)
)
)
)
)
)
………….…………………………
)
(signature of Consultant)
)
)
) ………….…………………………
) (signature of witness)
)
4
SCHEDULE
Item 1:
Name:
Operator:
Address:
ABN:
Item 2:
Contract No:
Contract
Item 3:
Contract No:
Assigned
Contract/
Services:
Description of the Contract and/or Services assigned to the
Operator including Neighbouring Services:
Item 4:
[Insert the date from which the variation/termination is to take
effect]
Commencement
Date: