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

 

14.7

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ascertaining whether the obligations of the Applicant under this document have been
duly performed and fulfilled; and

making good at the-cost and expense of the Applicant any breach of such obligations
provided that a Notice shall be given to the Applicant before such expenditure is
incurred;

exercising the Council's rights under this document to enter into and upon the Land;
and

works associated with the Walter Hay Drive Construction.

Severance

“if any provision of this document cannot be given effect or full force and effect by reason
of statutory invalidity that provision shall be severed or read down but So as to maintain
and uphold so far as possible the remaining provisions of this document.

14.8

_ Warranty of authority

Any person signing this document:

(a)

(b)

as attomey of any party warrants to the other parties that at the date of execution
that person has not received any notice or information of the revocation of the
power of attorney appointing that person; and

as an authorised officer, agent or trustee of any party warrants to the other parties
that at the date of execution that person has full authority to execute this document
in that capacity. .

14.9 Further assurances

Each party agrees at its cost to do everything reasonably necessary to give effect’to this ©

document.

14.10 Force Majeure

(a)

(b)

(c)

If a party is unable by reason of an event of Force Majeure to carry out its
obligations under this document, that party must give a Notice to the other party
advising of the event of the Force Majeure as soon as it is reasonably practicable
after the event of a Force Majeure.

If a party gives a Notice advising of an event of Force Majeure, that party’s
obligations will be suspended during the period for which the event of Force
Majeure or its effect extends.

Where the obligations of a party are dependent upon the occurrence of specified
circumstances, then the party will be relieved of its obligations for so long as there
is a change or deviation or non-occurrence of those circumstances arising from a
matter beyond the party’s control.

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