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

 

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13,3 Proof of service

In proving service of a Notice made, given or served by the Council it is only necessary for
the Council to certify to that effect under the hand of the Chief Executive Officer. In
proving service of a Notice made, given or served by the Applicant it is only necessary for
the Applicant to certify to that effect under the hand of a director of the Applicant.

13.4 Form of Notice
a. A Notice given by a party must be in writing and signed by the party.

b. A Notice given by a party may be signed by an officer of that party or the solicitor for
that party.

c. A party receiving a Notice is not obliged to enquire as to the authority of the person
signing the Notice.

14 MISCELLANEOUS

14.1 * Payment of costs

The Applicant shall pay its own costs and Council’s reasonable costs of and incidental to
the preparation of this agreement.

14.2 Time
Time is, in all cases, of the essence.

14.3 Place for payment of monies

e

All monies payable to a party under this document are payable free from all deductions at
the address of that party specified in Schedule 1... - .

14.4 Waiver

No waiver by either party of any breach by the other party of any of the provisions of this
document shall be implied against the other party or be otherwise effective unless it is in
writing under the hand of the Chief Executive Officer or a director of the Applicant.

14.5 Laches and delay
No laches or delay by the Council or the Applicant at any time or times.in enforcing any of
its rights, powers and the like under this document prejudice or affect those rights or
powers.

14.6 Power of entry
The Applicant shall permit the Council and the Council's Agents authorised by the Chief
Executive Officer, at all reasonable times during the operation of this document to enter
into and upon the Land for the purposes of:

a. examining and inspecting the state and condition of the Land; and

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