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2017-11-13 General Committee Agenda
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Page 39 of 64
14.5 Severance
If any provision of this Deed cannot be given effect or full force and effect by reason of
statutory invalidity that provision shall be served or read down but so as to maintain and
uphold so far as possible the remaining provisions of this Deed.
14.6 Warranty of authority
Any person signing this Deed:
(a) as attorney 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 persons; and
(b) 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 Deed in
that capacity.
14.7. Further assurances
Each party agrees at its cost to do everything reasonably necessary to give effect to this deed.
14.8 Force Majeure
(a) If a party is unable by reason of an event of Force Majeure to carry out its obligations
under this Deed, 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.
(b) 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.
(c) Where the obligations of the Council are dependent upon the occurrence of specified
circumstances, then the Council 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 Council’s Control.
14.9 Amendment of deed
(a) Despite any provision of this Deed, the parties may at any time agree to vary the terms
of this Deed
(b) No modification, variation or amendment of this Deed is of any force or effect unless:
(i) itis in the form of an amendment Deed and has been signed by the parties; and
(ii) | where relevant the amendment Deed complies with the requirements of the
Act.
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