Attachment 5 - Deed of Variation to Infrastructure Agreement (22.01.20)

 

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(iii) any gender includes all other genders; and

(iv) a person includes a firm, a corporation, an association and a body, whether
incorporated or not and a government or statutory body or authority; and

(v) legislation (including subordinate legislation) includes:
(A) _ statutory instruments made under the legislation; and

(B) consolidations, amendments, re-enactments or replacements of the
legislation; and

(vi) writing includes any mode of representing or reproducing words in tangible
and permanently visible form and includes facsimile transmission; and

(vii) this or any other document includes the document as varied or replaced and is
not affected by any change in the identity of the parties.

. The clause headings appearing in this document are inserted for convenience of

reference and do not affect the construction of this document.

If any words are italicised or otherwise printed differently, this has been done for
convenience only and does not affect the construction of this document.

. Whenever more persons than one constitute a party all the covenants, agreements,

conditions, restrictions and provisos on the part of that party contained or implied in
this document bind those persons jointly and each of them severally.

This document is in all respects to be interpreted in accordance with the laws of the
State of Queensland, and the parties irrevocably and unconditionally submit to the non-
exclusive jurisdiction of the courts of that state and any courts which have jurisdiction

to hear appeals from them, and waive any right to object to proceedings being brought
in those courts.

Nothing contained in this document affects, prejudices or derogates from the
requirements of any statute or from the tights, powers and authorities of the Council
under the provisions of any statute or under any declared policy of the Council.

. An inclusive definition, or an example or particularisation of a provision, does not limit

but may extend that definition or provision.

Where a word or expression is defined, other parts of speech and grammatical forms of
that word or expression have a corresponding definition.

All Schedules to this document form part of this document, and a reference to an item
is a reference to an item in Schedule 1.

Terms used in the Conditions of Approval which are not otherwise defined in the

Conditions of Approval or in Clause 1.5 (Definitions) shall have the meanings
assigned to them in the Planning Scheme.

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