000A88A4.10F.tif · 132003.221037

16/89/2083 14:46 PETRAC + 38398381 NO. 3598 Giz

Se.

effect does not imply that the Council will consent to subdivision pursuant to the Local
Government Act or the Building Units and Group Titles Act 1989 or to town planning consent

applications in yespect of the land the subject of this Agreement osteo applications for building
approval. :

provisions of this clause shall apply mutatis mutandis to so much of such wacks as ave included
in cach stage development. For the purpose of this clause such works shall be deemed to have
been accepted by the Council when they have been completed in 2 proper and workmanlike
manner and to the satisfaction of the Council's Engineer, .

a No waiver of any breach by the Applicants of any of the provisions of this Deed shal)
of be implied or be effective unless the same shall be in writing under the hand of the Shire Clerk:
or Deputy Shire Clerk for the time being of the Council and no laches or delays by the Council
at any time or times in enforcing any of its rights and powers hereunder shall prejudice or affect
those rights and powers.

& Nothing herein contained shall affect piojudice or derogate from the requizemenis of
any Statuts, Proclamation, Crder—in—Council, rule, regulation or bylaw or from the rights,
powers and authorities of the Council under the provisions of any Statute, proclamation, Order~
in—Council, mule, regulation or by-law.

11. The Applicants hereby i ify and agree to keep the Council at all mes harmless
and indemnified against all actions, proceedin, » Claims, demands, costs, losses, damage or
on expenses by or at the instance of any person in relation 10 or in comection with the i
providing construction or existence of any of the works executed and provided by or on behalf
of the Applicants in accordance with this Deed or any injury or accident or damage arising
therefrom prior to the acceptance of same by the Council and the Applicants hereby release and
discharge the Council its members, servants and agents from any stich action, proceeding, claim,
demand, cost, less, damage or expenses which but for the provisions hereof might be brought
or made upon the Council by the Applicants,

obligations of the Applicants under these presents Ox Otherwise are being duly observed
performed and fulfilled and of making good at the cnet and expense of the Applicants any breach

of such obligations or any defect in such works and of perfoming any works which the Council
has agreed to perform.