Meeting papers

Document Set ID: 22408732
                                       Page 21 of 28
Version: 2, Version Date: 08/05/2023

HWL
                                                                                              EBSWORTH

                                (i)     will be of no force nor effect unless it is consented to in writing by the
                                        Parties to this document or, in the case of a waiver, by the Party giving.
                                        it; and
                               (ii)     will be effective only to the extent to, or for, which it is made or given.
                                                (b)     Any oral variation, modification or waiver of any
                                                        provision in this document, or consent to any departure
                                                        by a Party from a provision, shall be of no force or effect
                                                        until consented to in writing by the Parties to this
                                                        document.

                10.4    Warranties

                                                (a)     Each Party to this document warrants to the other Party
                                                        that:
                               (i)      there is no impediment to them entering into this document;
                               (ii)     they have relied upon their own enquiries and have not entered into this
                                        document in reliance on, or as a result of, any representation, promise,
                                        statement, conduct or inducement by, or on behalf of, any other Party
                                        except as set out in this document;
                               (iii)    they have taken, or have had the opportunity to take, independent legal
                                        advice as to the nature, effect and extent of this document.
                                                (b)     Each person signing this document as an authorised
                                                        officer or agent or otherwise on behalf of any Party, by
                                                        doing so, warrants to the other Party that, as at the date
                                                        of signing, the person has full authority to execute this
                                                        document on behalf of that Party.
                                                (c)     Each Party is aware that the other Party has relied upon
                                                        the above warranties in entering into this document.

                10.5    Severance

                                                (a)     The covenants, undertakings and conditions contained
                                                        in this document are severable and shall be so
                                                        construed as not to infringe any laws that may affect
            .                                           this document.
             .                                  (b)     If such covenant, undertaking or condition on its true
                                                        interpretation is found to infringe any such laws, the
                                                        covenant, undertaking or condition shall be read down
                                                        to the extent as may be necessary to ensure that it
                                                        does not infringe any such law.
                                                (c)     In the event that the infringing covenant, undertaking or
                                                        condition cannot be read down, it shall be deemed void
                 Tourism Noosa Funding Deed                                                              Page 10
                 Endorsed Ordinary Meeting- 20 April 2023
                 ECM: 22408732

Document Set ID: 22408732                                                                                          Page 21 of 28
Version: 2, Version Date: 08/05/2023