2017-11-13 General Committee Agenda

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“Force Majeure” means an event:
 (a)    being a decree of the Commonwealth Government or the state Government, an act
        of God, industrial disturbance, act of public enemy, war, international blockade, public
        riot, lightning, flood, earthquake, fire, storm or other event whether of a kind herein
        specified or otherwise; and
 (b)    which is not within the control of the party claiming Force Majeure; and
 (c)    which could not have been prevented by the exercise by that person of a standard of
        foresight, care and diligence consistent with that of a prudent and competent person
        under the circumstances.

“Local Government” has the meaning given in the Local Government Act 2009.
“Local Government Area” has the meaning given in the Local Government Act 2009.
“Lot” has the meaning given in the Act.
"Mortgagee 1" means the person described in and having its principal place of business at the
place described in Item 5.1 of Schedule 1 and includes its successors and permitted assigns.
"Mortgagee 2" means the person described in and having its principal place of business at the
place described in Item 5.2 of Schedule 1 and includes its successors and permitted assigns.
“Notice” means any certificate, demand or notice to be made, given or served by a party under
this Deed.

“Owner” has the meaning given in the Act.
“Planning Scheme” means the planning scheme (The 2006 Noosa Plan as amended) of the
Council applicable for the subject site.
“Public Office” has the meaning given in the Local Government Act 2009.
“Purchaser” means the purchaser of the Subject Site from the Owner.
"Repealed Act" means the repealed Sustainable Planning Act 2009.
“road” is as defined under Section 59(2) of the Local Government Act 2009 as amended.
“Sell” includes transfer, dispose of and alienate and “Sale” has the corresponding meaning.
“Settlement Date” means the date identified in Item 9

“Subject Site” means the land described in Item 6 and includes:
(a)     any interest or estate in, on, over or under the land; and
(b)    the airspace above the surface of the land and any estate or interest in the land; and
(c)    the subsoil of the land and any estate or interest in the subsoil; and
(d)     any part or parts of the land; and

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