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

    10    TERMINATION FOR FAULT
    10.1 Right to terminate for default
    In addition to the right to terminate provided for elsewhere in this Deed, the Council may
    terminate this Deed with immediate effect by giving notice to NBRF if:
        a) NBFR breaches any provision of this Deed and fails to remedy the breach within 30
           days, or such longer period as Council stipulates, after receiving notice requiring it to
           do so;
        b) NBFR breaches a material provision of this Deed and that breach is not, in the
           opinion of the Council, capable of remedy;
        c) NBFR notifies the Council that the NBFR program is not to proceed; or
        d) NBFR becomes insolvent, subject to administration, unable to meet its debts, or
           decides to wind up itself or the Trust.
    10.2 Obligation upon termination
    On receipt of a notice of termination or reduction of thé Funding, NBRE must:
    a) Stop or reduce the performance of NBFR‘S obligations related ‘to tthe Funding as
        specified in the notice;
        a) Take all available steps to minimise loss resulting from the termination‘or reduction;
        b) Continue work on any part of the NBRF program not affected by the notice; and
        c) Immediately return to Council any Funding relating to the part of the NBRF program
           affected by the notice and that has_not in the Council’s opinion:
               i)  Been spent in accordance with the Deed; or
               ii) Been committed by NBRF\in accordance with the Deed and is payable as a
                   current liability,
           Or otherwise dealewith any, Funding held‘by NBRF-as directed by the Council.
    10.3 Council’s liability upon termination for default
    Where Council terminates this Deed under clause.10, the Council:
    a) Will be liable only for payments due andowing to NBRF under the payment provisions of
        the Deed as atythe date of the notice; and
    b) Wille entitledto recover from NBRF:
            i) Any part of theyFunding which has not been legally committed for expenditure by
               NBRF in accordance with>the Deed and is not payable for NBRF as a current
               liability by the date of the notice of termination is received; or
            ii) Any xpart of the Funding which has not, in the Council’s opinion, been spent by
               NBRPain accordance with the Deed; and
            iii) Where NBRF becomes liable to repay the Funds to the Council under paragraph
               6.2 a).
    10.4 Preservation of other rights
    Clause 10 does not limit or exclude any of the Council’s rights under this Deed.

    11.   DISPUTE RESOLUTION AND MEDIATION
    Both parties shall make genuine efforts to resolve any dispute arising out of, or in connection
    with this Deed by negotiation and discussion. If the parties are unable to resolve a dispute
    within 14 days, then the dispute shall be referred to an agreed, qualified independent person
    to mediate between both parties.     In the event the parties are unable to agree on the

    Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council               Page 12

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