Executed Infrastructure Agreement - 12 Maple Street Cooroy - 132003.220664.4 (As Published)

6.2

7.1

7.2

7.3

7.4

8.1

8.2

8.3

8.4

Reconfiguring and non-compliance

If the Subject Site is reconfigured under the provisions of the Act and the
obligations under this Deed have not been satisfied, this Deed remains attached
to the reconfigured lots and the owner's successors in title remain bound by this
deed.

SERVICE

Service by prepaid post

A Notice is sufficiently made, given or served by a party if left at or forwarded by

prepaid post in an envelope addressed to the other party or any of them (where

there are more persons than one person comprising the other party) at the address

of that party specified in Schedule 1.

Deemed service

A Notice if sent by prepaid post is deemed to have been made, given or served at

the time when in the due course of the post it would be delivered at the address to

which it is directed whether or not it is actually received.

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 thal effect under the hand of the Chief

Executive Officer.

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.

MISCELLANEOUS

Payment of costs

The applicant shall pay the Council’s legal costs of and incidental to the
preparation and execution of this Deed on a solicitor own client basis.

Time

Time is, in all cases, of the essence.

Place for payment of monies

All monies payable to Council under this deed are payable free from all deductions
at the address of Council specified in Schedule 1.

Waiver
No waiver by the Council of any breach by the applicant or owner of any of the

provisions of this Deed shall be implied against the Council or be otherwise
effective unless it is in writing under the hand of the Chief Executive Officer.

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Document Set ID: 23959579
Version: 4, Version Date: 28/07/2025