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

 

11.2

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“taxable consideration” means any act or thing done pursuant to or in consequence of this
document which is consideration for a taxable supply by the Council.

“consideration” has the meaning given in A New Tax System (Goods and Services Tax)
Act 1999,

“GST” has the meaning given in 4 New Tax System (Goods and Services Tax) Act 1999.
“GST Act” means the A New Tax System (Goods and Services Tax) Act 1999.

“taxable supply” has the meaning given in A New Tax System (Goods and Services Tax)
Act 1999,

Payment of GST

a. Any amount to be paid to a party (“the Supplier”) by the other party (“the
Recipient”) under this Agreement which is consideration for a taxable supply made
by the Supplier shall be increased by the amount of GST which the Supplier is
obliged to pay in respect of that taxable supply pursuant to the GST Law, the
intention being that the Recipient shall reimburse the Supplier that amount of GST in
addition to the consideration otherwise expressed herein as payable in respect of that’
taxable supply.

b. The Recipient must pay the GST contemplated in clause 11.2a:

@ on demand upon receipt of a tax invoice for the relevant taxable supply
issued by the Supplier which complies with the GST Law; and

(ii) in the same manner as the Recipient is required to pay for the taxable
supply to which the GST contemplated in clause 11.2a relates,

unless otherwise agreed by the parties.*"

c. Any amount to be paid by a party (“Reimbursing Party”) to the other party
(“Reimbursed Party”) under this Agreement which is not consideration for a taxable
supply made by the Reimbursed Party to the Reimbursing Party shall be reduced by
the amount of input tax credits to which the Reimbursed Party is entitled in respect
of the creditable acquisition for which reimbursement is being sought, the intention
being that the Reimbursing Party only reimburses the Reimbursed Party for the net
cost of the acquisition. ,

d. Without limiting the foregoing provisions of this clause 11 in any manner, if a
payment to satisfy a claim or a right to claim under or in connection with this
Agreement (for example, for misleading or deceptive conduct, misrepresentation, a
breach of any warranty, an indemnity, or for reimbursement of any damages or
expense) gives rise to a liability to pay GST, the payer must pay, and indemnify the
payee against, that amount of GST.

e. Ifa party has a claim under or in connection with this Agreement whose amount

depends on actual or estimated revenue or which is for a loss of revenue, revenue
must be calculated without including any amount received or receivable as

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