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Commercial Review - Contracts

 

 

Commercial Support works in conjunction with University Legal.  We provide specialist contractual advice on Taxation, Insurance/Indemnity and corporate commercial risks. 

By referring a contract to Commercial Support for review we will identify any taxation or insurance clauses (or absence thereof); we will advise on the appropriateness of these clauses and suggest changes or additions required to properly manage the University's taxation and insurance risk.  As appropriate, the corporate commercial aspects of the contract will also be reviewed.

Please allow 5 working days for your contract review.

Contracts for referral to Commercial Support include:

Referral Event Comments/Example
Contract wording outside University standard terms or standard operating procedures Including anything we may need to build a process around
If the financial business case requires review by Senior Management  
International Contracts Commercial considerations
  • Due diligence
  • Contract management complexities
  • Currency issues

Insurance considerations
  • Regional or jurisdictional restrictions on policies
 Taxation considerations
  • Withholding tax
  • Foreign/local GST
  • Permanent establishment issues
  • Double Tax agreements

Any agreement that creates a new entity:

  • Partnerships
  • Trusts
  • Companies
  • Joint Ventures (including CRCs)
  • Taxation may be more technical
  • There may be administrative issues going forward
  • Clarification of each party's Insurance responsibilities
Purchases exceeding $1m

Review as appropriate the:

  • Business case
  • Procurement procedure
  • Taxation arrangements and obligations
  • Insurance clauses, and placement of appropriate cover (including transit insurance).

Land and buildings are purchased via FMU processes and are not required to be referred to Commercial Support.

Specific Risk Events
  • Medical Research placements
  • In kind contributions
  • Recipient Created Tax Invoices (RCTI)
  • Hold harmless clauses
  • Contract indemnity requires a limit greater than $20m
  • Absence of taxation clauses
  • Absence of insurance and/or indemnity clauses
  • Medical or Research activities in Canada or the USA.

 

Contracts outside the University's standard terms should be reviewed by the appropriate Legal team:





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