19.2 When clause 18.1 does not apply
Clause 18.1 does not apply where:
(a) either party commences legal proceedings for urgent interlocutory relief;
(b) action is taken by the Department under, or purportedly under, clauses 5 (Funds), 10 (Access to premises and records) or 19 (Suspension or termination); or
(c) an authority of the Commonwealth, a State or Territory is investigating a breach or suspected breach of the Law by the Recipient.
19.3 Obligations continue
(a) Despite the existence of a dispute, both parties must continue to perform their respective obligations under this Agreement, unless a direction is issued in accordance with clause 18.3(b).
(b) If directed and notified in writing by the Department to do so, the Recipient must cease performing the obligations of the Recipient under this Agreement which are specified in the Department's notice until the Department issues a further written notice to the Recipient directing it to resume performance of those obligations.
20. Suspension or termination
20.1 Termination for default
If:
(a) the Recipient repeatedly fails to comply with any timeframe under this Agreement;
(b) the Recipient fails to remedy its failure to comply with any term or condition of this Agreement within 10 Business Days of receiving a notice (or such longer period as the Department may at its sole and unfettered discretion specify in the notice) from the Department requiring the Recipient to do so;
(c) the Recipient fails to successfully deliver any of the Project Outcomes;
(d) the Department is satisfied on reasonable grounds that any statement, representation or warranty made by the Recipient is incorrect or incomplete in a way which would have affected the original decision to approve the Funds for the Project;
(e) the Recipient is unable to provide the Recipient’s Contributions or the Other Contributions which would have affected the original decision to approve the Funds for the Project;
(f) the Department is satisfied on reasonable grounds that a report (including a Report) given by the Recipient is significantly misleading, or substantially incomplete or inaccurate or that the Recipient or its Personnel has engaged in Fraudulent Activity in relation to this Agreement;
(g) there is an Insolvency Event; or
(h) the Recipient breaches any term or condition of any other funding agreement between the Recipient and an Australian Government agency,
the Department may by written notice to the Recipient, require the Recipient to immediately suspend dealings with the Funds (in whole or in part), and / or terminate this Agreement in its entirety.