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

                 days, or such longer period as Council stipulates, after receiving notice from the
                 Council requiring it to do so; or
           b.    |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 capable of remedy and NBRF fails to remedy that breach within thirty (30)
                 days, or such longer period as Council stipulates, after receiving notice from the
                 Council requiring it to do so.
     d)    Council may, pursuant to the above licence, authorise the use of any Council Logo by
           the NBRF in such manner and subject to such conditions as the Council deems
           appropriate in its absolute discretion subject to it retaining full ownership of the Council
           Logo. NBRF agrees that any Council Logo is not to be usedinless expressly
           approved in advance and in writing by the Council.
     e) | Upon the conclusion of the term of this Deed or an earlier termination of this Deed,
           NBRF will not retain any Council Material remaininggn NBRE’s,possession and will
           immediately return all physical expressions of the,Council Material to the Council and
           will destroy any electronic copies thereof, unless the Council notifies NBRF otherwise
           in writing.
     f)    NBRF agrees to keep safely Council Material provided to NBRF for the purposes of
           this Deed and to abide by any obligations ‘of privacy and confidentiality towhich
           Council may be bound in law.
     g)    Any adaptations, variations or extensions made to the Council Material during the term
           of the above mentioned licence‘or anyisub-licence ‘shall become, upon its creation, the
           property (including Intellectual Property) ofithe Council.
     8.2   Obligations on NBRE
     a)    NBRF will immediately do all such things, take such-reasonable steps, execute any
           documents and follow such reasonable directions as the Council from time to time
           reasonably requests in order to perfect, record or preserve the Intellectual Property in
           the Council Material and this..will include, but is not limited to, including such
           conditions, limitations or restrictions inpany‘sub-licences granted by NBRF pursuant to
           this Déed that the Council deems reasonably necessary to perfect, record or preserve
           the Intellectual Property inthe Council Material.
     b) « The Council shall have the right to take action against any third parties to prosecute or
           defend legal proceedings including proceedings for an infringement of the Intellectual
           Property in the Council Material. If the NBRF becomes aware of any infringement or
           suspected infringement it will promptly inform the Council and will provide all
           reasonahleyassistance (excluding financial contribution to such proceedings) in any
           legal proceedings or the defence or prosecution of the Intellectual Property.
     c)    Unless otherwise expressly exempted in writing by the Council, the NBRF will ensure
           that any licensed use of the Trade Mark in any context shall appear with the symbol ®.
           In the event that the Council decides to lodge a certification mark application in relation
           to the Trade Mark, the NBRF will provide all reasonably requested documentary and
           other support necessary to support that application including the provision by the
           NBRF of financial support of that application to the extent that the parties may mutually
           agree. In the event that registered certification mark status is granted for the
           expression “Noosa Biosphere”, the expression “Trade Mark” as it appears in this Deed
           shall also include a reference to that certification mark and the Deed shall be
           interpreted accordingly.

     Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council                Page 9

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