DEED OF VARIATION

Between

The State of Queensland(through the Department of Housing and Public Works)

and

[<Contractor’s name>] ABN[<Contractor’s ABN>]

DEED OF VARIATION

This Deed is made the …[……………..…]… day of …[…………………]……2013

BETWEEN:The State of Queensland(through the Department of Housing and Public Works)

(“the Principal”)

AND:[<Contractor’s name>] (ABN Contractor’s ABN)

(“the Contractor”)

BACKGROUND:

  1. The Principal and the Contractor are parties to the ICT Arrangement.
  2. The Principal and the Contractor have agreed to vary the ICT Arrangement in accordance with the terms of this Deed.

TERMS:

1.Interpretation

1.1In this Deed, a term which is defined in the Deed of Agreement will have the meaning given to it in the Deed of Agreement and:

“ICT Arrangement” means the ICT Arrangement for the provision of Business Machines between the Principal and the Contractor dated <date of ICT Arrangement> comprising the documents specified in clause 5.1 of the ICT Standing Offer Arrangement conditions;

“ICT Standing Offer Arrangement Conditions” means the Information and Communications Technology Standing Offer Arrangement Conditions for the provision of Products and/or Services version 001 – dated 10 October 2007 which can be located via <insert URL> or a copy obtained by contacting the Project Manager;

“Deed” means this document and any schedules to it; and

“parties” means the parties to this Deed.

1.2A reference to a person includes a reference to corporations and other entities recognised by law.

1.3In this Deed, the headings to the clauses have been inserted for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of any of the terms and conditions of this Deed.

1.4The singular includes the plural and vice versa.

1.5A covenant or agreement on the part of two or more persons will be deemed to bind them jointly and severally.

1.6Unless a contrary intention appears, a reference to a clause, schedule or attachment is a reference to a clause, schedule or attachment to this Deed and includes any amendments to them made in accordance with this Deed.

1.7Where under or in accordance with this Deed the day on or by which any act, matter or thing is to be done is not a Business Day, such an act, matter or thing may be done on the next Business Day.

1.8The terms of this Deed will take precedence over the terms in the Deed of Agreement in the event of any conflict.

2.Variation to the ICT Arrangement

2.1The parties agree that the ICT Arrangement is varied as follows:

2.1.1.Delete item 4 of Schedule 1 to the ICT Arrangement and replace with the following:

Principal’s name:State of Queensland (acting through the Department of Science, Information Technology, Innovation and the Arts)

Principal’s ABN:<insert ABN>

Principal’s address:<insert Principal’s address>

2.1.2.Delete item 5 of Schedule 1 to the ICT Arrangement and replace with the following:

The Principal’s Authorised Officer is:<insert position title>

2.1.3.At item 11 of Schedule 1 to the ICT Arrangement, delete the words “The ICT Arrangement will conclude on 30th April 2011” and insert the following words:

“Notwithstanding item 12 of Schedule 1, the ICT Arrangement Completion Date is 30 October 2014”

3.Governing Law

3.1This Deed will be governed by and construed according to the law of the State of Queensland and the parties agree to submit to the jurisdiction of the Courts of the State of Queensland.

4.Waiver

4.1No right under this Deed shall be deemed to be waived except by Notice signed by the party waiving that right.

5.Severance

5.1If anything in this Deed is unenforceable, illegal or void, then it is severed and the rest of this Deed remains in force.

6.Variation

6.1This Deed may not be varied at any time except by a written agreement executed by both parties.

7.Continuing rights and obligations

7.1Except to the extent necessary to give effect to this Deed, the parties’ rights and obligations under the ICT Arrangement continue unaffected.

8.Costs

8.1Each party must pay its own costs of and incidental to the negotiation, preparation and execution of this Deed.

9.Execution

9.1The parties agree that if this Deed is not executed by both parties on the same date, this Deed will commence on and from the last of the dates of execution.

9.2The parties will execute copies of this Deed with each party retaining an original copy.

Executed as a DEED

SIGNED SEALED and DELIVERED
for and on behalf of
STATE OF QUEENSLAND(through the Department of Housing and Public Works)
thisday of2018
by......
(full name)
by......
(designation)
who is a duly authorised officer
in the presence of:
......
(signature of witness)
......
(print name of witness) / )))))))))))))))))))))))) / ......
(signature)
SIGNED SEALED and DELIVERED
for and on behalf of
Contractor’s name (ABN Contractor’s ABN)in accordance with s. 127 of the Corporations Act 2001 (Cth)
thisday of2018
by:
......
(full name of Director)
in the presence of:
......
(name of witness)
by:
......
(full name of Director/Secretary)
in the presence of:
......
(name of witness) / )))))))
))))))
)))))))
)
)
)
)
) / ......
(signature of Director)
......
(signature of witness)
......
(signature of Director/Secretary)
......
(signature of witness)