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Transformation Services Agreement - NSW Department of Education ...

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(c)<br />

(d)<br />

(e)<br />

The Contractor must appoint a quality assurance representative to ensure that its<br />

quality management system is developed, implemented and maintained in<br />

accordance with this agreement.<br />

The quality assurance representative must be suitably qualified to effectively<br />

discharge his or her assigned duties and responsibilities.<br />

The Contractor must collect, interpret and archive all records generated by its<br />

quality management system.<br />

18.2 [Omitted.]<br />

18.3 Non-compliance<br />

(a)<br />

(b)<br />

Subject to clause 18.3(b), the Contractor will report to DEC or its nominated<br />

representatives within 5 Business Days on any non-compliance with the quality<br />

system, the reason for that non-compliance and the measures taken to prevent or<br />

mitigate the risk <strong>of</strong> recurrence.<br />

Where the non-compliance is serious or public interest may result, the Contractor<br />

must provide DEC with a preliminary report within 1 hour <strong>of</strong> the event (or its<br />

discovery).<br />

18.4 No relief from obligations<br />

The Contractor will not be relieved <strong>of</strong> its liabilities or responsibilities under this agreement or<br />

otherwise according to law, nor will the rights <strong>of</strong> DEC whether under this agreement or<br />

otherwise according to law be affected by:<br />

(a)<br />

(b)<br />

the implementation and compliance with the quality system; or<br />

[Omitted.]<br />

19. Change control<br />

(a) The process for changing this agreement is set out in Schedule 6.<br />

(b)<br />

This agreement (including the Specifications) may only be varied by following that<br />

process.<br />

Legal\305532610.12 Commercial-in-confidence 23

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