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

      independent person, either party may refer this matter to the President of the Queensland
      Law Society to nominate an appropriate person.

      12.   GENERAL PROVISIONS
      12.1 Audit and access
      e) NBRF agrees to give Council, or any persons authorised in writing by the Council,
          access to the premises where obligations under this Deed are being carried out.
      f)  NBRF agrees to permit those persons to inspect and take copies of any material relevant
          to this Deed.
      12.2 Insurance
      a) NBRF agrees:
                 i) To effect and maintain adequate liability insurances specific to the operation
                    of a Company, as a minimum publie’ liability, productand director & officer
                    liability, volunteers and employee work cover.
                 ii) On request to provide proof _of insurance acceptable to Council for its
                    purposes under the Deed.
      b) This clause continues in operation for so long as any obligations remain in connection
          with this Deed.
      12.3 Relationship of parties
          a) NBRF is not by virtue of this Deed an-officer, employee, partner or agent of the
             Council, nor does NBRF have ‘any power or authority to bind or represent the
             Council.
          b) NBRF agrees:
                 i) Notto misrepresent its relationship,with Council; and
                 ii) Not to‘engage in any misleading or deceptive conduct in relation to the NBRF
                    program.
      12.4 Waiver
          a) A failure or delay by a party\to exercise any right or remedy it holds under this Deed
             Onat law does not‘operate as @ waiver of that right.
          b) A single or partial exercise by a party of any right or remedy it holds under this Deed
             or at lawgdoes not prevent the party from exercising the right again or to the extent it
             has not fully.exercised the right.
      12.5 Assignment
      NBRF cannot assign its obligations, and agreed not to assign its rights, under this Deed
      without the Council’s prior written approval.
      12.6 Applicable law and jurisdiction
          a) This Deed is to be construed in accordance with, and any matter related to it is to be
             governed by, the law of Queensland.
          b) The parties submit to the jurisdiction of the courts of that State.

      Funding Deed — Noosa Biosphere Reserve Foundation Ltd & Noosa Council              Page 13

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