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

Deed of Variation
       Stockwell means Stockwell Development Group Pty Ltd ABN 50 010 095 360.

       Variations means the amendments to the Infrastructure Agreement as set out in schedule 2.

1.2    Interpretation

       (a)       Unless the contrary intention appears, a reference in this deed to:

                 (1)    a definition or expression used or defined in the Infrastructure Agreement has the
                        same meaning in this deed;

                 (2)    one gender includes the others;

                 (3)    the singular includes the plural and the plural includes the singular;

                 (4)    a person, partnership, corporation, trust, association, joint venture, unincorporated
                        body, Government Body or other entity includes any other of them;

                 (5)    an item, recital, clause, subclause, paragraph, schedule or attachment is to an item,
                        recital, clause, subclause, paragraph of, or schedule or attachment to, this deed and
                        a reference to this deed includes any schedule or attachment;

                 (6)    a party includes the party’s executors, administrators, successors, substitutes
                        (including a person who becomes a party by novation) and permitted assigns;

                 (7)    any statute, ordinance, code or other law includes regulations and other instruments
                        under any of them and consolidations, amendments, re-enactments or replacements
                        of any of them;

                 (8)    money is to Australian dollars, unless otherwise stated; and

                 (9)    a time is a reference to Brisbane time unless otherwise specified.

       (b)       The words include, including, such as, for example and similar expressions are not to be
                 construed as words of limitation.

       (c)       Where a word or expression is given a particular meaning, other parts of speech and
                 grammatical forms of that word or expression have a corresponding meaning.

       (d)       Headings and any table of contents or index are for convenience only and do not affect the
                 interpretation of this deed.

       (e)       A provision of this deed must not be construed to the disadvantage of a party merely because
                 that party or its advisers were responsible for the preparation of this deed or the inclusion of
                 the provision in this deed.

1.3    Parties

       (a)       If a party consists of more than one person, this deed binds each of them separately and any
                 two or more of them jointly.

       (b)       An agreement, covenant, obligation, representation or warranty in favour of two or more
                 persons is for the benefit of them jointly and each of them separately.

       (c)       An agreement, covenant, obligation, representation or warranty on the part of two or more
                 persons binds them jointly and each of them separately.




HopgoodGanim Lawyers                                                                                Page 2
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