2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   12 JUNE 2018




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                               12 JUNE 2018

   7.2   Repayment of funding
   a)    If NBRF fails to remedy a failure to comply with this Deed in a substantial respect
         within 30 days, or such longer period as the Council stipulates, after receiving notice
         requiring it to do so, NBRF is liable, on demand from Council to repay to the Council
         the whole of the funding provided for the NBRF program (or the amount of Funding
         paid as the case may be) for any year in which the failure to comply or the failure to
         remedy occurred;
   b)    If NBRF fails to fulfil a term of this Deed, or part of it, on the NBRF program, NBRF is,
         subject to paragraph d) of this clause, liable to repay to the Council the amount of
         unspent money and the Council may recover that money from NBRF as a debt due to
         the Council; and
   c)    If NBRF fails to spend the funding, or part of it, on the NBRF program, NBRF is,
         subject to paragraph d) of this clause, liable to repay to the Council the amount of
         unspent money and the Council may recover that money from,.NBRF as a debt due to
         the Council.
   d)    if, at the end of the Term, some of the funding has not been spent or committed to
         legitimate contingency and reserves, thata@amount must be repaid to the Council (and
         the amount may be recovered as a debt due to the,Council), unless,the Council
         provides written permission for all, or some,sof the amount to be spent in some other
         manner that Council directs.

   8     INTELLECTUAL PROPERTY
   8.1   Intellectual property in council material
   a)    The Council will retain ownership of all Council Material)including Intellectual Property
         in that Council Material, but grants NBRF a royalty-free world wide, non-exclusive
         licence, (including a right of Sub-licence to\a third party), to use, reproduce, adapt and
         exploit the Council Materialon the condition,that this licence is only granted for the
         purposes of this Deed.
   b)    The,aboveimentioned licence may be terminated by the Council immediately upon
         written notice onthe occurrence of any of the following events:
        i)     The Trust or NBRF becomes insolvent, subject to administration, unable to meet
               its debts or the\NBRF decides to wind up the Trust or itself    for any reason
               whatsoever; or
         ii) | The@ Council forms the reasonable view that either the Trust or the NBRF is
               insolvent; or
         iii) | The Council forms the reasonable view that either the Trust or the NBRF is in
               breach of the terms of the trust deed which created the Trust where that breach
               is not, in the opinion of the Council, capable of remedy; or
         iv)   The Council forms the reasonable view that the NBRF is in breach of any
               provision of its own constitution or any provision of this Deed where that breach
               is not, in the opinion of the Council, capable of remedy.
   c) The Council may also terminate the above mentioned licence on the occurrence of any
       of the following events:
        a.     The Council forms the reasonable view that either the Trust or the NBRF is in
               breach of the terms of the trust deed which created the Trust where such breach
               is capable of remedy and NBRF fails to remedy that breach within thirty (30)

   Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council                Page 8

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