2017-11-13 General Committee Agenda

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subject matter and the provisions of this clause may be pleaded as a bar to any proceedings
         brought by the Council.
 13      SERVICE
         All notices given under this Agreement:
         (a)    may be signed by an authorised officer of the party giving the notice;
         (b)    must be in writing;
         (c)    may be given by being delivered, sent by facsimile transmission, sent by email, or sent
                by prepaid post to the address for service of the party to whom the notice is
                addressed;
         (d)    if sent by mail, are deemed to be given on the third day after mailing, and if sent by
                facsimile or email, are deemed to be given on the day after they are dispatched;
        (e)     The address for service of each party is specified in Schedule 1.
 14      MISCELLANEOUS
 14.1    Payment of costs
        Each party shall pay its own costs of and incidental to the preparation and execution of this
        Deed but the Council shall pay the cost of :
        (a)     Preparation of the Plan of Survey referred to in Clause 4.2.
        (b)     Any stamp duty payable on this Deed.
        (c)     Preparation of any documents or declarations necessary to effect registration of the
                Plan of Survey in the Department of Natural Resources & Mines and dedication of the
                Acquired Land as road.
14.2.   Time
        Time is, in all cases, of the essence.
14.3.   Waiver
        No waiver by the Council of any breach by the 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 relevant Chief Executive Officer.
14.4    Laches and delay
        No laches or delay by the Council at any time or times in enforcing any of its rights, powers
        and the like under this Deed prejudice or affect those rights or powers.

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