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Transformation Services Agreement - NSW Department of Education ...

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(b)<br />

procurement, supply or receipt <strong>of</strong> services by a <strong>NSW</strong> Government Body in relation<br />

to or involving use <strong>of</strong> the Solution (including the provision <strong>of</strong> access to the<br />

Solution),<br />

but does not include installation <strong>of</strong> the Solution by a person (other than a <strong>NSW</strong> Government<br />

Body) for its own use except as an incidental part <strong>of</strong> receiving services from a <strong>NSW</strong><br />

Government Body.<br />

[Omitted.]<br />

[Omitted.]<br />

[Omitted.]<br />

Virus has the meaning given to it under clause 23.7.<br />

[Omitted.]<br />

[Omitted.]<br />

Year means a year commencing on the Effective Date or an anniversary <strong>of</strong> the Effective Date.<br />

1.2 Interpretation<br />

In this agreement:<br />

(a)<br />

headings are for convenience only and do not affect interpretation;<br />

and unless the context indicates a contrary intention:<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

(h)<br />

(i)<br />

an obligation or a liability assumed by, or a right conferred on, 2 or more persons<br />

binds or benefits them jointly and severally;<br />

person includes an individual, the estate <strong>of</strong> an individual, a corporation, an<br />

authority, an association or a joint venture (whether incorporated or<br />

unincorporated), a partnership and a trust;<br />

a reference to a party includes that party's executors, administrators, successors and<br />

permitted assigns, including persons taking by way <strong>of</strong> novation;<br />

a reference to a document (including this agreement) is to that document as varied,<br />

novated, ratified or replaced from time to time;<br />

a reference to a statute includes its delegated legislation and a reference to a statute<br />

or delegated legislation or a provision <strong>of</strong> either includes consolidations,<br />

amendments, re-enactments and replacements;<br />

a word importing the singular includes the plural (and vice versa), and a word<br />

indicating a gender includes every other gender;<br />

a reference to a party, clause, schedule, exhibit, attachment or annexure is a<br />

reference to a party, clause, schedule, exhibit, attachment or annexure to or <strong>of</strong> this<br />

agreement, and a reference to this agreement includes all schedules, exhibits,<br />

attachments and annexures to it;<br />

to the extent <strong>of</strong> any inconsistency between the following documents, the<br />

inconsistency is resolved in the following descending order <strong>of</strong> precedence:<br />

Legal\305532610.12 Commercial-in-confidence 13

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