Transformation Services Agreement - NSW Department of Education ...

39.6 Liens and charges
The Contractor:
(a)
(b)
has no lien, charge or other encumbrance over NSW Government Property even
where DEC is in breach of its obligations under this agreement; and
will ensure that NSW Government Property remains free of liens, charges or other
encumbrances of a third party.
39.7 Confidential Information
This clause operates in addition to the confidentiality obligations under this agreement.
39.8 [Omitted.]
40. Access to Contractor premises
(a)
(b)
The Contractor will on 48 hours' notice grant DEC or its nominees supervised
access to premises occupied by the Contractor or its Personnel where the Services
are being undertaken and will permit those persons to inspect the performance of
the Services. The Contractor will cooperate to facilitate the inspection.
Prior notice of access is not required where the premises are DEC premises.
(c) DEC is not entitled to perform an Audit under this clause 40.
(d)
In accessing the premises, DEC will ensure that its Personnel comply with
reasonable security requirements of the Contractor made known to DEC.
41. [Omitted.]
42. Conflict of Interest
42.1 No initial Conflict of Interest
The Contractor warrants that, to the best of its knowledge, information and belief, at the date
of this agreement, no Conflict of Interest of the Contractor or its subcontractors exists or is
likely to arise in the performance of its obligations under this agreement.
42.2 Disclosing conflicts
Where during the currency of this agreement, a Conflict of Interest or risk of Conflict of
Interest arises, the Contractor will notify DEC immediately in writing of that Conflict of
Interest.
42.3 Avoiding conflicts
The Contractor will take reasonable measures to ensure that it and its Personnel do not, during
the currency of this agreement engage in an activity or acquire an interest that would create a
Conflict of Interest.
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